According to the revised Information Technology Act of 2000 and the rules and regulations promulgated thereunder, this document is an electronic record. This electronic record is created by a computer system and requires no physical or digital signatures. The Terms for accessing or using iGlobalise Business Private Limited’s service via its directory listing service www.VocalTheLocal.com Portals must be published in accordance with Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, which requires publication of the Terms for accessing or using iGlobalise Business Private Limited’s service via its directory listing service www.VocalTheLocal.com Portals. This document complies with Section 65B (2) of the Indian Evidence Act of 1872’s stipulations and requirements.
This Terms Of Service governs the contractual relationship between Vendors (hereinafter referred to as “Vendor”/”Service Provider,” “You” or “Your”) and iGlobalise Business Private Limited via its directory listing service www.VocalTheLocal.com (hereinafter referred to as VocalTheLocal.com), and it guides the contractual relationship between Vendors (hereinafter referred to as “Vendor”/”Service Provider,” ” (collectively called “Portals” ). VocalTheLocal.com provides its services to you solely in accordance with these Terms of Service and any amendments made thereto. VocalTheLocal.com will make every effort to deliver you the Terms of Service to your registered email address.
1. INTRODUCTION:
iGlobalise Business Private Limited, a company incorporated under the Companies Act, 2013, with its registered office at 2252-C, 1st Floor, Raja Park, Delhi – 110034, provides the ‘VocalTheLocal.com’ Services (defined below) (“VocalTheLocal.com”). VocalTheLocal.com is in the business of providing end users with information about vendors (as defined below) of various products and services (“Information”) in various towns and cities around India (“Service”). In terms of this terms of use as applicable to vendors, VocalTheLocal.com is a local search engine that primarily delivers directory services to its Callers/Users based on their requirements and searches conducted on VocalTheLocal.com’s portals. Users can access the VocalTheLocal.com search service via a variety of platforms, including the Internet, mobile internet, and telephone (voice, text & SMS). VocalTheLocal.com is only a vehicle for connecting the general public with vendors’ goods and services listed on VocalTheLocal.com, but it does not guarantee any business to such Vendors. The information provided by the vendor is detailed in the listing on VocalTheLocal.com’s portals. The goal of VocalTheLocal.com is to give a more convenient source of up-to-date information in a user-friendly format and through a media that the end user is familiar with. The Service’s end users (“hereafter referred to as Callers/Users”) are those who wish to buy things or get services and are looking for information about the vendors who provide those things and services. The whole understanding/Contract) between VocalTheLocal.com and the Vendors is contained in these Terms of Service (defined below) and the invoice specified in Clause 13.
2. INTERPRETATION
(a) The term “contract” refers to this set of Terms of Service, as well as any Schedules and Annexes (if any).
(b) Any reference to a party herein includes that party’s successors, permitted assigns, and any other individuals deriving title under it;
(c) The descriptive headers of Clauses are provided primarily for reference purposes and are not intended to be complete or accurate explanations of the content of such Clauses.
(d) Unless the context otherwise requires, the inclusion of words in the singular or plural, or with a specific gender, does not limit or exclude the application of any provision of this Contract to such person or individuals.
(e) A specified term’s grammatical form shall have the same meaning as the term itself; and the phrases “including” and “includes” shall always mean “including, without restriction” and “includes, without limitation,” respectively.
3. SUBSCRIPTION
Vendors are companies, small and medium businesses, corporations, semi-corporations, establishments, or people who subscribe to the Service in order to list their firm or business. Users will only receive information about the Vendor from VocalTheLocal.com in the way specified in these Terms. VocalTheLocal.com is only a platform through which information is made available to the general public, and the vendor accepts and acknowledges that it does not guarantee any business to the seller.
4. GENERAL TERMS
a) The “Contract/ Terms of Service” will refer to this Terms of Service, as well as any Invoices, Annexures, and other related documents. Any prior understanding (whether written or oral) between the Vendor and VocalTheLocal.com on the subject matter of this Terms of Service will be superseded by this Terms of Service. Unless the parties agree otherwise and in accordance with the terms of Service, the Terms Of Service shall be valid and effective for 1 (one) year or more from the Effective Date. The Service will be automatically renewed unless (a) the Vendor notifies VocalTheLocal.com in writing at least 3 (three) months prior to the expiration of the 1 (one) year tenure that they do not wish to renew the Service, or (b) the Service is terminated by either Party prior to renewal in accordance with these Terms. In the absence of any written notice from the Vendor of non-renewal after the 1 (one) year tenure has expired, or unless either Party terminates the Service sooner, the Service will be automatically renewed on the conditions set forth herein. The Vendor shall be deemed to have unconditionally consented to all such addendums and revisions to the Contract by agreeing to the terms of the Contract without the need for any explicit notice or signature thereto by agreeing to the terms of the Contract. VocalTheLocal.com is free to change the Terms of Service at any time and is not obligated to give Vendors advance notice of such changes. Vendors are solely responsible for visiting the Website and keeping themselves informed of any changes to the Terms of Service. Any changes or amendments to these Terms or the Terms of Service will be deemed effective and binding on the Vendor as of the Effective Date.
b) It is clarified that the automatic renewal of the Service will be subject to the availability of appropriate credit balance in the Vendor’s account with VocalTheLocal.com, according to the restrictions set out in Clause above. It is further underlined that in order to renew the Service, the ECS/ CCSI mandate must be operational and the payment must be made on the specified date.
c) The automatic renewal of the Service is subject to VocalTheLocal.com’s sole discretion. The Total Fee, as stated in the Invoice and any other document that forms a part of these Terms of Service, is the agreed-upon fee for the provision of Services and will not be reviewed at any time except at VocalTheLocal.com’s discretion. By paying the invoice amount, the Vendor affirms that he or she accepts the Terms of Service as set forth above in order to use VocalTheLocal.com’s services.
d) The vendor hereby allows VocalTheLocal.com to DEDUCT a minimum of 9 months ECS upon execution of the ECS / CCSI MANDATE, after which the vendor has the option of cancelling the service. The Vendor may only terminate the Service after a minimum of 9 months from the effective date, which can be cancelled by delivering 3 (Three) months written notice (either by email or registered mail) prior to the bill due date, expressing intentions to discontinue the Services.
e) Notwithstanding anything else in this contract, the Vendor agrees that if any concession is granted to the Vendor while using VocalTheLocal.com services, the Vendor will be obligated to honour the payment (in any mode chosen) for the entire duration of the services used by the Vendor, subject to the terms of service set forth in this document. The Vendor hereby allows VocalTheLocal.com to DEDUCT the ECS/CCSI or any other payment option for the complete duration as per the services availed, notably where concession is availed by Vendor, upon execution of the ECS/CCSI MANDATE.
f) Where the Vendor chooses Electronic Clearing Service (ECS) or Credit Card Standing Instruction (CCSI) as the payment mode and manner, the Service will be automatically renewed as specified in Clause 4 of these Terms, but such automatic renewal is subject to the condition that it will be renewed at revised values (commercials) as determined by the Vendor. Regardless of anything else in this Term of Service, VocalTheLocal.com reserves the right to refuse automatic renewal and to change the conditions of such renewal at any time.
g) It is clarified that, regardless of whether the Vendor has registered or not registered their entity/contact firm’s numbers in the Telecom Regulatory Authority of India (TRAI) or any other statutory body’s “Do Not Call” registry, the Vendor will be deemed to have given their consent and authorised VocalTheLocal.com to share the Vendor’s details upon acceptance of the Terms Of Service. Furthermore, by accepting the Terms of Service, the Vendor grants VocalTheLocal.com permission to contact him for any VocalTheLocal.com business promotion. The Vendor certifies that he or she will fulfil all of the duties set forth in the Terms of Service. The Vendor also agrees to take all reasonable steps to ensure that Users have no trouble contacting the Vendor. If the Users are unable to contact the Vendor, this will not be considered a defect in the VocalTheLocal.com Services. The Vendor agrees to follow all current and future TRAI regulations, as well as any other regulatory organisations’ regulations, on the subject matter covered by this clause, and to ensure that User or VocalTheLocal.com will have no trouble reaching the Vendors.
5) DISSEMINATION OF INFORMATION:
VocalTheLocal.com now provides information to users via a variety of platforms, including the telephone, the internet, WAP (Wireless Access Protocol), Wireless (SMS short code), SMS, and Whatsapp. VocalTheLocal.com reserves the right, at its sole discretion, to stop providing Information on any of the aforementioned platforms, to provide Information on additional platforms, or to modify the method in which Information is supplied on any of the existing platforms, as it sees suitable.
6) LISTINGS OF VENDORS:
1) This refers to the numerous types of Listing Services that the Vendor can choose from. The following types of listings services (“Listings”) are provided by VocalTheLocal.com: (a) Basic Listings (b) Premium Listings (c) Free Listing (d) Other Services as offered by VocalTheLocal.com from time to time and/or as specified in the invoice or proposal forms as the case may be.
a) Free/Premium/Basic Listings
The Vendor acknowledges that the Listings are feature-based services that may be fixed or rotating in nature, as determined by VocalTheLocal.com in its sole discretion, depending on availability in the selected categories and pin codes on the day of payment to VocalTheLocal.com’s account. Under rotational search, in the case of specific area search, the vendors’ listings will show on the spots that they have chosen. For all area searches, the listings will be displayed in a rotating fashion based on the amounts paid by them for that category. The Vendor agrees to list itself in the Listing, which is described in Clause 6 of the Terms of Service. The value of the package may vary depending on the city, medium, category, and other parameters determined by VocalTheLocal.com.
If Vendors wish to change/add any categories/pin codes, etc., it will be done at an additional cost, depending on VocalTheLocal.com’s availability and judgement. However, if any categories/pin codes are removed/cancelled/deleted from an existing listing, the Vendors will not claim a cost reduction or a refund based on the removal/cancellation/deletion of any categories/pin codes. By adding new listings, deleting existing listings, or adding, deleting, changing, or merging any categories, keywords, or pin-codes, VocalTheLocal.com maintains the right to amend the aforementioned Listing Service options. If the listing requested is no longer available, VocalTheLocal.com will try to find a similar listing for the Vendor. However, VocalTheLocal.com retains final decision-making authority over Listing, and such decision is final and binding on the Vendor.
If the Vendor has selected the maximum number of inquiries in the contract (regardless of duration), the Vendor accepts and undertakes that there will be no set tenure defined under such arrangement. The duration would be decided by the maximum number of inquiries received in response to the Vendor’s ads. The Vendor understands that the number of inquiries is purely based on market trend/response or user demand, and that while VocalTheLocal.com cannot guarantee the amount of inquiries, it will make every attempt to supply the services on a best-effort basis.
b) Listings that have been verified
i) Only Verified Listings are subject to the terms set out in subparagraph C:
ii) Under the terms of the terms of usage, VocalTheLocal.com will provide a verified listing to the Vendor as part of a promotional strategy. In a Verified Listing, a) in the Vendor’s business listing, VocalTheLocal.com will display the “VTL Verified” emblem. The verified logo will be visible as long as the Vendor’s business listing is operational on VocalTheLocal.com portals, subject to the terms of use and periodic telephonic or other verification of the listing by VocalTheLocal.com/its representatives. b) For a fee decided and paid by the Vendor, VocalTheLocal.com will provide listing services under Verified Listing for a period of up to one (1) year.
iii) Vendors who choose Verified Listing will have more visibility than those who choose free listing. Under this package, VocalTheLocal.com will give life-time services for the aim of spreading information to users. The visibility under the lifetime services in relation to disseminating information to users will be made available on VocalTheLocal.com portals if the Vendor’s business listing is active on VocalTheLocal.com portals as per the applicable terms of service and VocalTheLocal.com’s business policy as revised from time to time. In the event that Vendors fail to honour the payment for Verified Listing packages, VocalTheLocal.com, in its sole judgement, will not be obligated in any way to offer the services or otherwise. In the event of non-payment for its services and in accordance with its business needs, VocalTheLocal.com maintains the right to remove the listing.
iv) Notwithstanding anything included above, all other clauses specified under “Terms of Service for Vendor” shall remain in full force and effect for any Vendor who has obtained services from VocalTheLocal.com under a Verified Listing.
c) Cost per enquiry
VocalTheLocal.com does not charge any fees to its suppliers as of September 14, 2021. However, whenever VocalTheLocal.com decides, the same will be conveyed to the Vendor/Business Listing to take note of, and the vendors/business listings who continue to use VocalTheLocal.com portals will be charged according to the terms set from time to time.
7) Stamped “VocalTheLocal.com/VTL verified”
“VocalTheLocal.com/VTL validated” signifies that the information about a business’s name, address, and contact information has been verified as valid at the time of registering with VocalTheLocal.com. This verification is exclusively based on the papers provided by the vendor/s or the information provided in the Customer E – Registration Form.
8) “VTL Trusted” Seal
The “VTL Trusted Stamp” signifies that the identity and information of the vendors/services, such as name, address, contact information, and business name, have been validated on a best-effort basis, as existent, based on the documents/information provided by the vendors/service providers. The “VTL Trusted Stamp” is also given to vendors/service providers who meet certain criteria, such as customer reviews/ratings.
9) FEES FOR LISTING/SERVICES:
a) The Vendor agrees to pay a non-refundable Listing/Service Fee for the Services, which will be set by VocalTheLocal.com when the Service is accepted. The (“Listing Fee”) must be paid in advance by the Vendor, and VocalTheLocal.com will send a customer receipt to the Vendor’s registered mobile number and email address as soon as payment is received. VocalTheLocal.com reserves the right, in its sole discretion, to determine the Listing Fee for the Services from time to time.
b) The vendor/service provider might pay the amount in full or in instalments. If a vendor/service provider chooses to pay the fee/consideration in instalments, the vendor/service provider is responsible for paying the initial amount (including applicable Tax) to VocalTheLocal.com at the time of listing service registration, and the balance payment can be made using various payment methods such as ECS (Electronic Clearing Service); CCSI (Crucial Clearing Service International); CCSI (Crucial Clearing Service International); CCSI (Crucial Clearing Service International); (National Automated Clearing House). It is clearly stated that the services will only be activated once the first ECS/ CCSI/ NACH payment is deposited to VocalTheLocal.com’s account in accordance with the payment plan or the payment received for the services/products requested. Under no circumstances will VocalTheLocal.com be obliged to return any amount paid by the vendor/service provider on account of service deactivation/non-activation owing to non-receipt of any payment by ECS/ CCSI/ NACH/Cheques, etc. VocalTheLocal.com reserves the right, in its sole discretion, to change, modify, or amend the Terms governing the activation of your services at any time by publishing the amended Terms on our portals at https://www.VocalTheLocal.com/Terms-of-Use/Service-for-Listing-Services with or without notice to you. Vendors/Service Providers should review the Terms on a frequent basis to ensure uninterrupted service.
c) The vendors must provide the KYC documents, as well as any additional documentation that VocalTheLocal.com may request, on or before the first ECS/ CCSI/ NACH clearing. For the sake of clarity, KYC documents include (1) a passport; (2) a driver’s licence; (3) a voter’s identity card issued by the Election Commission of India; (4) a copy of an Aadhar card; (5) a job card issued by NREGA duly signed by an officer of the State Government; (6) a letter issued by the National Population Register containing details of name and address; and (7) a PAN card. Aside from the aforementioned, the vendors must also provide documents relating to the business listing, such as the company’s certificate of incorporation, PAN cards, registration certificate, GST certificate, shop and establishment certificate, or any other government certificate issued to run their business.
10) PAYMENT OPTIONS:
i) VocalTheLocal.com allows the Vendor to pay for the Services in one of the following ways:
a) Cheque; b) Demand Draft; c) RTGS (Real Time Gross Settlement); d) ECS (Electronic Clearing Service); and e) ECS (Electronic Clearing Service). e) CCSI (Credit Card Standing Instruction) f) NACH (National Automated Clearing House) (National Automated Clearing House)
(ii) It is stated that VocalTheLocal.com does not encourage or prefer cash payments. Any monetary payments made by the Vendor in accordance with the Terms of Service with www.VocalTheLocal.com are at the Vendor’s own risk, with no recourse to VocalTheLocal.com. Vendors shall not disclose to any VocalTheLocal.com employee any financial information or other information that is considered sensitive personal information under the Information Technology Act of 2000, as amended, or any other law currently in effect.
iii) Payments can be made weekly, fortnightly, monthly, quarterly, or half-yearly by the Vendor, as specified by VocalTheLocal.com. VocalTheLocal.com will do its best efforts to activate the Terms Of Service for the appropriate Listing within 14 (fourteen) working days of receiving the Service Fee and required documents into its bank account (subject to delay due to technical malfunctions). However, VocalTheLocal.com shall not be held liable in any way for any delays in the activation of Vendor’s service.
11) IMPLICATIONS OF NOT PAYING THE SERVICE FEE / ECS AMOUNT:
a) The Vendor agrees to make payment in the manner specified in Clause 10 of these Terms. Any payment default shall be subject to the requirements of Section 138 of the Negotiable Instruments Act 1881, as well as any necessary legal actions to recover its rightful dues. During that time, the Vendor will also be responsible for paying interest at the rate of 18% per year. VocalTheLocal.com reserves the right to collect its rightful dues in accordance with the services or packages provided by the Vendor.
b) If the Vendor fails to make any payment for the services he has purchased, including the Service Fee or the ECS amount, on time and according to the payment plan he has chosen, VocalTheLocal.com may suspend the Vendor’s Listing or access to the Service, as the case may be, until the Vendor makes the necessary payments. Furthermore, the Vendor accepts and understands that the Vendor’s rights to the Service and the Vendor’s listing will be deemed relinquished for the period during which the Service and the Listing are suspended for non-payment. The right of VocalTheLocal.com to determine the listing, suspend the Service, and the Listing is without prejudice to VocalTheLocal.com’s right to cancel the services if the Vendor commits a major breach. In the event of non-payment of the Service charge or ECS amount, the selected position/listing will be distributed to other Vendors without notice/intimation from VocalTheLocal.com.
12) PAYMENT MODE LUMP SUM:
Vendors who pay a lump sum amount when using the service will have the Service’s duration equal to the amount paid by the Vendor.
13) INVOICE/ANNEXURES ISSUE:
a) The services will be activated upon receipt of the consideration. Once the service is engaged, VocalTheLocal.com sends the invoice to the Vendors by email/sms/other electronic modalities, together with an invoice and other information as needed.
b) The invoice is legitimate if the payment is made on time.
14) VENDOR INFORMATION PRIORITY:
Providing information that is relevant to the user is a top concern for VocalTheLocal.com. The User may or may not specify the place and category for which he is looking for information, and VocalTheLocal.com will supply such information (subject to availability) based on the User’s selection. Information about Vendors registered with VocalTheLocal.com, that is, the Vendors, is first provided on a best effort basis, subject to delays due to any technological failure. Priority among Vendors is decided by the Vendor’s choice of listing and the Total Fee to be paid by the Vendor. Nothing herein shall be construed to limit or prevent VocalTheLocal.com from supplying Users with information about other Vendors, whether in priority to the Vendors or otherwise, as determined by VocalTheLocal.com in its sole discretion. The Vendor accepts that VocalTheLocal.com will only provide Information to Users on demand and that the Vendor cannot guarantee that any of the User requests will result in commercial opportunities.
15) NO BUSINESS Assurance:
VocalTheLocal.com makes no guarantee that it will generate inquiries/leads for the Vendor or that any of those inquiries/leads will be converted into business for the Vendor.
16) NO MARKETING:
VocalTheLocal.com is not obligated to sell Vendor’s offerings and is under no obligation to suggest Vendor to Users. VocalTheLocal.com’s obligations under the contract are limited to those expressly stated below, and VocalTheLocal.com makes no commitment to the Vendor to create or guarantee Enquiries or business.
17) INDEMNIFICATION:
Vendor agrees to defend, indemnify, and hold VocalTheLocal.com, its officers, employees, agents, and Representatives harmless from and against any and all claims, liability(ies), demands, losses, damage, deficiencies, actions, judgments or causes of action, assessments, interests, penalties, and other costs or expenses (including reasonable attorneys’ fees and expenses) arising out of or in relation to.
a) any breach of any provision of this Terms of Service or non-performance of any of its obligations;
b) any infringement of third-party rights (including intellectual property rights);
c) any representation and warranty given by Vendor under this Terms of Service being found to be untrue, false, or incorrect; or
d) anything done or omitted to be done due to gross negligence, wilful dilution, or gross negligence, wilful dilution, or gross negligence
18) CONFIDENTIALITY AND RELATED OBLIGATIONS:
The Vendor agrees to keep any information about the Service’s users (“User Information”) secret, both during and after the term of this Terms Of Service. Without VocalTheLocal.com’s prior written authorization, the Vendor will not transfer User Information to any third party (for consideration or otherwise) for any reason. The Vendor is expressly forbidden from utilising the User Information for the aim of obtaining any economic benefit from it. If VocalTheLocal.com becomes aware of any such practise by the Vendor that violates the terms of this Terms Of Service, VocalTheLocal.com reserves the right to terminate the Services and pursue legal action against the Vendor as it sees fit, without prejudice to any other rights it may have under applicable law.
19) OBLIGATIONS OF VENDORS TO END USERS:
a) Any delivery, after-sales service, payment, invoicing, or collection, sales inquiries, support maintenance services, and/or any other duties or services connected to or in respect of the Products/services given by Vendors to end users shall be the responsibility of the vendor. The Vendor/vendors are solely responsible for such services.
b) If End Users raise a dispute about the products/services, the vendor must either take back or withdraw defective goods or withdraw or discontinue deficient services immediately, or if the vendor fails to rectify defective goods or deficient services, refund the consideration within the time period stipulated in the bill, cash memo, or receipt, or in the absence of such stipulations, within the time period stipulated in the bill, cash memo, or receipt, within the time period stipulated in the absence of such stipulation, within a period of two days.
c) If the vendor is unable to resolve any End User’s concerns to the satisfaction of the End User, VocalTheLocal.com, in its sole discretion, reserves the right to suspend or cancel services or take any other action it deems appropriate.
d) The vendor acknowledges and accepts that the vendor is solely responsible I for falsely describing its product or service; or (ii) for giving a false guarantee to, or is likely to mislead, consumers as to the nature, substance, quantity, or quality of such product or service; or (iii) for deliberately concealing important information in relation to any product or service; or (iv) for falsely representing any product or service; or (v) for falsely representing any
e) The vendors are solely responsible for the authenticity and/or validity of all information, as well as any other costs and/or other information connected to the Products and/or services. The merchants will be fully liable for the price they charge in compliance with the law in effect at the time.
20) RESPONSIBILITIES OF VENDORS IN RELATION TO WWW.VOCALTHELOCAL.COM:
a) The vendor agrees that all materials/information, as well as its use of VocalTheLocal.com’s directory services, are completely his or her responsibility. Nothing in the Vendor/Materials/ information vendor’s or use of the Directory Services will be false, misleading, defamatory, harassing, or threatening will constitute unfair competition or unfair commercial practise, will violate any applicable Law, or will infringe or misappropriate any third party’s Intellectual Property Rights. Any contractor, representative, or any of its agents or other persons working on its behalf in connection with this contract are entirely liable to the vendor. The Vendor/vendor shall guarantee that all applicable laws are followed, including data protection and privacy laws.
b) The vendor accepts that VocalTheLocal.com is primarily a local search and directory service, and that it is the vendor’s responsibility to deliver the goods and services whose business is listed on VocalTheLocal.com’s platform.
c) The vendor agrees that VocalTheLocal.com is not liable for the goods or services provided by the vendor, or for any disputes that may arise between the vendor and end users. Vendors are responsible for resolving any disputes or claims brought by end users.
d) The seller understands that VocalTheLocal.com warrants that any proof/intimation of dispatch of the Proof of Fulfillment provided, whether electronic or otherwise, will be valid. If VocalTheLocal.com so requests, the physical proof of dispatch of the Proof of Fulfillment of the Product must be sent to VocalTheLocal.com. The vendor must keep all proofs of product fulfilment for a period of at least 3 (three) years from the date of fulfilment.
e) The vendor acknowledges that VocalTheLocal.com is not liable for any non-delivery or non-fulfillment of any Products/Services sold to end users by sellers/vendors. The Vendors will be fully responsible for all risks involved with the delivery/fulfillment of the Products/Services. Any and all complaints relating to quality, merchantability, non-delivery/non-fulfillment, and delay in delivery/fulfillment of the Products/services or otherwise will be resolved entirely between the Vendors and End users, with VocalTheLocal.com remaining uninvolved. The Vendors agree to indemnify and hold VocalTheLocal.com harmless in the event that any such actions or claims are brought against it. The sellers must also indemnify and hold VocalTheLocal.com harmless from all such actions and claims at all times.
f) The vendor acknowledges that VocalTheLocal.com is not liable for any flaw, imperfection, shortcoming, or inadequacy in the quality, quantity, potency, purity, or standard of any product or of any goods/services sold by sellers/Vendors listed with VocalTheLocal.com’s directory service, which is required to be maintained by or under any law.
g) The vendor acknowledges and accepts that it will refrain from: I requiring unreasonable security deposits from end users for the performance of contractual obligations; or (ii) imposing any unreasonable penalty on end users for breach of contract; or (iii) refusing to accept early repayment of debts in exchange for payment of applicable penalty; or (iv) entitling a party to the contract to terminate sue; or (v) entitling a party to the contract to terminate sue
21) GENERAL OBLIGATIONS OF VENDORS:
(a) Vendor represents and warrants that :
(i) it is a bona fide business organisation carrying on business in relation to the items disclosed to VocalTheLocal.com;
(ii) it has the rights to use the trademarks;
(iii) the business carried on by vendor does not violate or infringe upon any law or regulation; and
(iv) it has all necessary registrations, authorizations, and/permission approvals.
(vi) Up to 9 months after the Service is activated, the Vendor has no authority to terminate the Service. For the sake of clarity, the parties agree that VocalTheLocal.com will not be obligated to return any ECS payment that has been deducted during the contract’s validity period.
Additional Covenants (b) (i) The vendor acknowledges and accepts that any complaint about the Services will be considered only while the Service is active, and that VocalTheLocal.com will not consider such complaints after the Service has expired or been terminated; (ii) The vendor accepts that it is his/her responsibility to update contact information and information about its products/services using the online ed system. If the relevant information is not updated accurately, the Vendor will be bound by default by the explanation or description of the product/service or any other details of the vendor communicated by VocalTheLocal.com to the Users or any other third party; (iii) Vendor agrees to keep proper receipts, invoices, and details for the transactions entered into by it (Vendor) and the U.S. The vendor acknowledges that any breach of the covenants set forth herein may result in VocalTheLocal.com delaying, refusing, or terminating the services at its sole discretion. Vendor also acknowledges that they will not be entitled to any refunds, compensation, damages, expenses, or interest arising from business losses, claims, actions, or inconvenience resulting from delays in activation, non-activation, or termination of services due to their (Vendor’s) fault of not providing documents, delay in providing the relevant documents o A vendor further acknowledges that VocalTheLocal.com is under no obligation to follow-up with the vendor regarding the documents mentioned herein, and that it is solely the responsibility of the vendor to share/upload all relevant documents confirming their identity, address, and business registration details with VocalTheLocal.com. (v) Vendor hereby agrees and undertakes that during the course of this Contract and after its termination (for any reason), it will not forward leads/enquiries to any third party, mis-use, cheat, solicit, or usurp or attempt to solicit, divert, or take away any of VocalTheLocal.com’s enquiries/leads. Any such behaviour by the vendor will result in an immediate termination of the services, and VocalTheLocal.com reserves the right to bring legal action against the vendor in the relevant forum. (vi) Vendor hereby agrees and confirms that during the term of this Contract and after its termination (for any reason), vendor will not directly or indirectly solicit, divert, hire, or attempt to solicit, divert, or usurp any of VocalTheLocal.com’s employees, business, or prospective users/callers, either for itself or for any other commercial enterprise. Vendor will not advertise or perform any solicitation, including but not limited to soliciting users to use Vendor’s services directly or promoting Vendor’s services in any way that encourages users to avoid using the VocalTheLocal.com website/services or to use the Vendor website/services directly. Any vendor behaviour that, in the sole judgement of VocalTheLocal.com, limits or prevents any other user/customer from using or enjoying the VocalTheLocal.com services will be prohibited. Vendor will not directly or indirectly, in any manner, during the length of this Contract or for 5 (five) years after any termination of this Contract: (a) solicit any users of VocalTheLocal.com by offering discounts, gift coupons, or other incentives if users utilise the vendor’s website directly. (b) seek to divert, seduce, or otherwise take away any user/business customer’s from VocalTheLocal.com, or (c) encourage or induce any user/customer to divert or lessen its connection with VocalTheLocal.com. Vendor will not, and will not allow any third party to, generate automated, fraudulent, or otherwise invalid enquiries, clicks or conversions, ratings, reviews, etc.; conceal enquiries, conversions for Service where disclosure is required; or use any automated means or form of scraping or data extraction to access, query, or otherwise collect listing service related information from any. Vendor will only communicate with VocalTheLocal.com about the Service during the Term of Service.
(c) It is solely the duty of the vendor to keep his id/password/login id private so that no one may misuse it and make modifications to the listing available on VocalTheLocal.com portals to harm VocalTheLocal.com or its users. Vendor represents that if a loss occurs as a result of the vendor’s negligence, such as when he shares payment credentials, OTP details, or other personal information, the vendor will suffer the complete damage and VocalTheLocal.com will not be held liable.
22) DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY:
VocalTheLocal.com disclaims all warranties, express or implied, to the fullest extent authorised by law, including without limitation, non-infringement, merchantability, satisfactory quality, and fitness for purpose. To the fullest extent permissible by law, VocalTheLocal.com disclaims any and all warranties as to the accuracy of the Vendor’s listing. The vendor is aware that such positioning may contain inaccuracies. Neither VocalTheLocal.com nor the Vendor will be liable for any consequential, special, indirect, exemplary, or punitive damages (including, without limitation, loss of profits, revenue, interest, or goodwill), whether based on contract, tort (including negligence), or any other legal theory, even if advised of the possibility of such damages and notwithstanding any failure of essential purpose or remedy. The vendor’s total liability to VocalTheLocal.com is limited to the sums paid to VocalTheLocal.com in the 12 (twelve) months prior to the date of the claim. So long as the information exhibited/ transmitted by VocalTheLocal.com complies to the information made available by the vendor or its authorised agent, VocalTheLocal.com is not liable for any claim arising from any misrepresentation of information relevant to the Vendor.
23) DISCLAIMER OF ADDITIONAL INFORMATION:
a) The Vendor certifies that it will be exclusively accountable and liable for all matters relating to the User and the Vendor, including but not limited to any transactions entered into between the two. Furthermore, VocalTheLocal.com declares that it does not validate the identity of Users of the Service, and that the information provided to Vendors is the information provided by the User and will not be independently confirmed by VocalTheLocal.com.
b) In the event that the Vendor or the Vendor’s product/service receives any complaints from Users, VocalTheLocal.com maintains the right to stop providing Service to the Vendor or take any other action considered appropriate. Regardless of anything in this Term to the contrary, VocalTheLocal.com may, in its sole discretion, forfeit the amount lying to the credit of such Vendor and cancel the services.
c) Vendor additionally accepts that VocalTheLocal.com will not be liable for any non-payment of sums owed to the vendor by any User, and that VocalTheLocal.com will not vouch for or guarantee the vendor’s performance of services or delivery of items.
24) DISPUTE RESOLVEMENT:
a) If the Vendor files a claim for defective or deficient services, VocalTheLocal.com is obligated to repair or remove the defects in the products or deficiencies in the services as soon as possible, or to replace or maintain the products with new products of similar description that are defect-free. Provided, however, that if the Vendor: I commits an act of omission or commission, or is negligent in withholding any information, incomplete, or inaccurate information; (ii) fails to follow the instructions or warnings issued by VocalTheLocal.com; (iii) has misused, altered, or modified the product; (iv) fails to notify VocalTheLocal.com about the defective ; (v) fails to notify VocalTheLocal
b) Furthermore, if VocalTheLocal.com provides defective or deficient services within the contract’s term owing to any system error, technical difficulty, human error, or any other acts or omissions beyond its control, it will not be regarded a material breach of the contract’s provisions. In such cases, the Vendor will notify VocalTheLocal.com, who will then perform the appropriate investigation and, depending on the conclusion of the inquiry, may extend the services for similar days at no additional cost to the vendor or give other alternative alternatives. The extended term shall be calculated from the date VocalTheLocal.com receives such notification from the seller. However, VocalTheLocal.com retains all rights to provide details/information/system generated reports demonstrating that there was no failure on the part of VocalTheLocal.com; as a result, VocalTheLocal.com is not responsible for the extension of services or any other alternative alternatives. It will be the Vendor’s sole and exclusive recourse if VocalTheLocal.com fails to perform the services as stipulated in this contract, as stated in this section.
c) If you have any complaints or concerns about the material, or a comment, or a breach of these conditions, please email us at grievance@VocalTheLocal.com with a concise description of your complaint, or contact us at +918473984985. Our customer service representatives will acknowledge and resolve your complaint to the best of their abilities and in accordance with the applicable Terms of Service.
25) FINAL SUMMARY:
a) The term of this Contract begins when Vendor registers or uses the Services and ends when either party terminates it (the “Term”). The Vendor may only terminate the Service, by sending 3 (three) months written notice (either by email or through registered post), prior to the automatic renewal of the same, expressing his intentions of discontinuing the Services.
d) VocalTheLocal.com maintains the right, with or without cause, to cancel the Service at any time. If the Vendor breaches a material duty owed to VocalTheLocal.com, VocalTheLocal.com may, at its discretion, require the Vendor to correct the breach within 7 (Seven) days after receiving notification, failing which VocalTheLocal.com may terminate the Vendor-VocalTheLocal.com agreement.
c) If the Service is terminated, VocalTheLocal.com is not obligated to delist the Vendor as a Vendor or to stop disseminating Vendor Information to Users. Upon termination, however, VocalTheLocal.com reserves the right to delist the Vendor without prior notice to the Vendor.
d) In the event of any technical difficulties, VocalTheLocal.com maintains the right to terminate the services by notifying the vendor in writing or orally.
e) If the Vendor terminates the Service, either by expiration of time or by determination under these Terms of Service, VocalTheLocal.com will retain the balance of the vendor’s deposit (after deducting payments for the period/tenure for which Services have already been provided by VocalTheLocal.com). The Vendor will not be entitled to a return of any funds already paid to VocalTheLocal.com under any circumstances. If VocalTheLocal.com terminates the service for any reason that is solely attributable to VocalTheLocal.com, it will either repay the sums in a proportionate manner or provide alternative services.
f) VocalTheLocal.com may terminate the Service if the vendor engages in fraud or other illegal or unethical activities, or engages in any activities that VocalTheLocal.com believes, in its reasonable judgement, are in violation of any laws that may be applicable from time to time or of accepted industry practise, and which, in the circumstances, could harm VocalTheLocal.com’s reputation or business.
g) If any of the following situations occur, VocalTheLocal.com will immediately terminate this contract:
- If the vendor declares bankruptcy or enters voluntary or forced liquidation, except for the purpose of amalgamation or reconstruction;
- If the vendor stops doing business or suspends all or a significant portion of its operations;
- If a liquidator, receiver, administrator, or any other encumbrances take possession of or are appointed over the Vendor’s assets in whole or in part;
- If any attachment or distress is placed on any of the Vendor’s assets.
- If any major adverse change occurs, such as a change in relevant law, rules, regulations, directives, or guidelines, which prevents the arrangement under this Contract from continuing.
26) NOTICES:
VocalTheLocal.com will issue notices to Vendors in writing through email, Whatsapp/SMS, registered mail, or a reputable courier. Any notification that the Vendor refuses to accept is presumed to have been legally delivered, and the Vendor is deemed to have received it. Vendors can issue warnings to VocalTheLocal.com in writing to the company’s registered office address or to the customer service email id.
27) CHANGES TO THE TERMS OF SERVICE:
VocalTheLocal.com retains the right to amend the Terms of Service at any time and without giving the Vendor prior notice. Changes to the Terms of Service or the Terms of Service will be effective as soon as they are posted on the Website or through any other form of communication determined by VocalTheLocal.com.
28) TAXES:
VocalTheLocal.com has the right to charge the vendor for all taxes and charges (now in effect or enacted in the future) that are or may be imposed on the said Services and Listing fees (including bids arising out of Vendor’s relationship with VocalTheLocal.com), and the vendor hereby agrees to pay the said taxes and charges promptly and without raising any objections. Vendor further agrees that in the event the said taxes and charges are not imposed by VocalTheLocal.com the same shall be paid by the Vendor directly to the authorities concerned without raising any complaint. The seller further agrees that the taxes and charges owed under this Clause are in addition to the fee paid to VocalTheLocal.com for the Listing and Services supplied. i) All TDS deductions should be remitted to tds@vocalthelocal.com on form 16A. ii) The Goods and Service Tax is imposed in accordance with government policy. iii) TDS on Goods and Service Tax should not be deducted, according to Income Tax Circular No 1/2014 dated 13-01-2014. Before any payments are made, the Vendor is responsible for providing the right Goods and Service Tax number. If a vendor fails to provide a GST number or provides an inaccurate number before making a payment, the seller will not be entitled to the GST credit for which the vendor is fully accountable.
29) OTHER THINGS TO CONSIDER:
a) The interpretation of the Terms of Service by VocalTheLocal.com is final and binding on Vendor.
b) Vendor acknowledges that there is no joint venture, partnership, employment, or agency between vendor and VocalTheLocal.com, and that Vendor’s actions do not bind VocalTheLocal.com.
c) VocalTheLocal.com is subject to all applicable laws and legal processes, and nothing in the Terms of Service affects VocalTheLocal.com’s right and obligation to follow the law.
d) If any provision of the Terms of Service is found to be invalid or unenforceable, the invalid or unenforceable provision will be replaced by a valid, enforceable provision that most closely matches the original provision’s intent while remaining valid and enforceable, and the remainder of the Terms of Service will remain in effect. Such a change to the Terms of Service will be considered effective as of the Effective Date.
e) Without VocalTheLocal.com’s prior written agreement, Vendor may not assign any rights or obligations to VocalTheLocal.com. By issuing notification of such assignment to Vendor, VocalTheLocal.com maintains the right to transfer any right or obligation against Vendor. The assignee will be bound by the Terms of Service in the same way as VocalTheLocal.com is, and VocalTheLocal.com will no longer be liable to Vendor as a result of the assignment. The Parties agree, however, that VocalTheLocal.com has unrestricted authority to assign the Terms of Service, and that the Vendor is merely entitled to receive notification of such assignment. The Parties further agree that VocalTheLocal.com’s transfer of the Terms of Service shall not require Vendor’s agreement.
f) VocalTheLocal.com is not liable for any delays or deficiencies in services caused by force majeure events such as technical glitches, server issues, natural disasters, terrorist attacks, civil labour strikes, labour and transportation strikes, or any other acts beyond its control. During a force majeure occurrence, VocalTheLocal.com’s duties under the Terms of Service will be suspended.
g) Nothing in the Terms of Service obligates or is construed to obligate VocalTheLocal.com to give the Vendor any credit.
h) Vendors acknowledge that VocalTheLocal.com reserves the right to offer payment mandates, such as ECS, CCSI, or NACH, as many times as necessary to receive its reasonable dues / payments for services supplied under these terms of service.
i) On its portals, VocalTheLocal.com has its own Reviews, Ratings, and Comments, which are provided by VocalTheLocal.com users. However, VocalTheLocal.com disclaims all responsibility and liability for any content submitted by any caller or third party on the VocalTheLocal.com site or through any VocalTheLocal.com means.
30) ARBITRATION:
All disputes, conflicts, and/or claims arising out of the Terms of Service will be resolved by arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996, or any subsequent statutory amendment thereof. The issue will be referred to a single arbitrator, who will be appointed by VocalTheLocal.com’s authorised representative/Director. The Vendor shall not object to the Arbitrator’s nomination or award since it was made by an authorised representative/Director of VocalTheLocal.com. The arbitration hearings will take place in Mumbai, and the proceedings will be conducted in English. The arbitrator’s decision is final and binding on both the Vendor and VocalTheLocal.com. The arbitrator will issue a written and reasoned decision, as well as the right to award the cost of the proceedings.
31) ENTIRE CONTRACT:
This Contract, including any Invoices and Annexures, as well as the Terms of Service hereto, comprise a single Contract between the Parties and replace any previous TERMS between the Parties relating to the subject matter hereof.
32) AMENDEMENTS AND WAIVERS:
Unless otherwise stated in this Terms of Service, www.VocalTheLocal.com failure to exercise or delay in exercising a right or remedy under this Terms of Service does not constitute a waiver of that right or remedy or of any other rights or remedies, and no single or partial exercise of any right or remedy under this Terms of Service precludes the further exercise of that right or remedy.
