Terms of Use

1. Acceptance of These Terms

1.1 These Terms of Use (these “Terms”) constitute a legally binding agreement between you and Evolve Incorporation (“Evolve Incorporation”, “we”, “us” or “our”), a sole proprietorship firm owned by Kalpit Dave and having its registered address at B-709, Empire Business Hub, Science City Road, Sola, Ahmedabad, Gujarat, India, and govern your access to and use of the Services.

1.2 By accessing or using the Services, you agree to be bound by these Terms and by our Privacy Policy, which forms part of these Terms. If you do not agree to these Terms, you must not access or use the Services.

1.3 These Terms are an electronic record under the Information Technology Act, 2000 and the rules made thereunder, and do not require any physical or digital signature.

2. Definitions

In these Terms, unless the context otherwise requires:

1. “Services” means the website at localite.biz, the Localite mobile application, the Localite Business mobile application and the Localite Business web application, together with all related features and services;
2. “Business” means a shop, store or other business that uses the Localite Business mobile application or web application to engage with its customers, and includes its owner;
3. “Staff Member” means a person authorised by a Business to access the Services on its behalf;
4. “Customer” means an individual who uses the Localite mobile application to engage with one or more Businesses;
5. “User Content” means any content that you submit, upload, send or otherwise make available through the Services, including messages, photos, voice notes, product information, orders, bills and khata records; and
6. “you” and “your” refer to any person who accesses or uses the Services, whether as a Customer, a Business or a Staff Member.

3. Eligibility

3.1 You may use the Services only if you are 18 (eighteen) years of age or older and are competent to enter into a contract under the Indian Contract Act, 1872.

3.2 If you use the Services on behalf of a Business, you represent and warrant that you are authorised to bind that Business to these Terms, and that the Business is lawfully constituted and operating in accordance with applicable law.

4. Your Account

4.1 You must register an account using a valid mobile number, which will be verified by means of a one-time password. You agree to provide accurate, current and complete information and to keep such information updated.

4.2 You are responsible for maintaining the security of your device and the confidentiality of the one-time passwords sent to you, and for all activity that occurs under your account. You must notify us promptly of any unauthorised use of your account.

4.3 A Business is responsible for the actions of each of its Staff Members, for the level of access it grants to each Staff Member, and for revoking such access when it is no longer required.

5. Nature of the Services

5.1 The Services are a technology platform that enables Customers and Businesses to communicate with each other and to record orders, bills, payment requests and khata (credit) transactions. Customers join a Business on the Services through an invitation from that Business, including by way of a QR code, an invite code or a WhatsApp invitation.

5.2 Evolve Incorporation is not a seller, buyer, reseller, agent, delivery provider or payment service provider, and is not a party to any transaction between a Customer and a Business. Any contract for the sale or supply of goods or services is entered into solely between the Customer and the Business.

5.3 Each Business is solely responsible for the goods and services it offers, including their description, price, quality, quantity, safety, legality and availability, and for billing, applicable taxes, delivery, returns, refunds, warranties and after-sales service. Evolve Incorporation does not endorse any Business and does not verify or guarantee any goods or services offered through the Services.

5.4 Any dispute in respect of a transaction between a Customer and a Business shall be resolved between them, and Evolve Incorporation shall have no obligation or liability in respect of such dispute.

6. Payments and Khata

6.1 Payments for goods and services are made directly by the Customer to the Business, through a UPI application selected by the Customer, using the UPI ID of the Business. Evolve Incorporation does not collect, hold, process or settle any payment, and is not responsible for any failed, delayed, duplicate or erroneous payment. Any issue with a payment must be raised with the relevant Business, bank or UPI application provider.

6.2 Any khata (credit) arrangement is solely between the Customer and the Business. Evolve Incorporation provides tools to record such arrangements only, does not extend credit or collect dues on behalf of any person, and does not guarantee the accuracy of any record entered by a user.

7. Fees

The Services are currently made available to Customers free of charge. Evolve Incorporation reserves the right to introduce charges for the use of any part of the Services. Any such charges will be notified in advance and will not apply until they have been so notified.

8. Obligations of Businesses

Each Business represents, warrants and undertakes that it shall:

1. hold and maintain all licences, registrations and approvals required under applicable law for the conduct of its business and for the goods and services it offers;
2. comply with all applicable laws in connection with its business and its use of the Services, including laws relating to consumer protection, legal metrology, food safety and taxation;
3. provide accurate information regarding itself and the goods and services it offers, and honour the orders it accepts and the bills it issues through the Services;
4. invite only those persons with whom it has an existing relationship and whose mobile numbers it is lawfully entitled to use for such purpose, and not use the invitation features of the Services to send unsolicited communications;
5. use the Personal Data of Customers received through the Services only for the purpose of transacting with such Customers, and process such Personal Data in accordance with applicable law, including the Digital Personal Data Protection Act, 2023; and
6. be responsible for the accuracy of the product information it submits, including any product names or classifications suggested by the Services and accepted by it.

9. Prohibited Goods and Services

The Services must not be used to offer, sell, order, promote or facilitate the sale or supply of any of the following:

1. alcoholic beverages;
2. tobacco and tobacco products, including electronic cigarettes and similar devices;
3. medicines and drugs that may be sold only against a prescription;
4. narcotic drugs and psychotropic substances;
5. arms, ammunition and explosives;
6. counterfeit or stolen goods, or goods that infringe the intellectual property rights of any person; and
7. any other goods or services the sale or supply of which is prohibited or restricted under applicable law.

10. Acceptable Use

10.1 You shall not host, display, upload, modify, publish, transmit, store, update or share through the Services any information that:

1. belongs to another person and to which you do not have any right;
2. is obscene, pornographic, paedophilic, invasive of another’s privacy (including bodily privacy), insulting or harassing on the basis of gender, racially or ethnically objectionable, relating to or encouraging money laundering or gambling, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence;
3. is harmful to children;
4. infringes any patent, trademark, copyright or other proprietary right;
5. deceives or misleads the recipient about the origin of the message, or knowingly and intentionally communicates any misinformation or information that is patently false and untrue or misleading in nature;
6. impersonates another person;
7. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence, prevents the investigation of any offence, or is insulting to another nation;
8. contains a software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource; or
9. violates any law for the time being in force.

10.2 You shall not (a) use the Services for any fraudulent or unlawful purpose; (b) send spam or unsolicited communications through the Services; (c) access or attempt to access any account, system or data without authorisation; (d) copy, modify, decompile, disassemble or reverse engineer any part of the Services, except to the extent permitted by applicable law; (e) scrape, crawl or otherwise extract data from the Services by automated means; (f) interfere with or disrupt the integrity, security or performance of the Services; or (g) create an account using false information or create a new account after your account has been suspended or terminated.

11. User Content

11.1 You retain ownership of your User Content. You grant Evolve Incorporation a non-exclusive, royalty-free, worldwide licence to host, store, transmit, reproduce and process your User Content solely for the purposes of operating, providing and improving the Services and as described in our Privacy Policy, including the processing of product information by our service providers.

11.2 You are solely responsible for your User Content, and you represent and warrant that you have all rights necessary to grant the licence set out in Section 11.1 and that your User Content does not violate these Terms or applicable law.

11.3 Chat messages are end-to-end encrypted, as described in our Privacy Policy, and Evolve Incorporation cannot read their content. Evolve Incorporation may remove or disable access to any User Content, and may take action in respect of any account, in accordance with these Terms and applicable law, including upon receipt of an order of a court or a notice from an appropriate government agency.

12. Intellectual Property

12.1 The Services, including the Localite name, logo and marks, software, design, text and graphics, and all intellectual property rights therein, are owned by or licensed to Evolve Incorporation. Nothing in these Terms transfers any such right to you.

12.2 Subject to your compliance with these Terms, Evolve Incorporation grants you a limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to access and use the Services for their intended purpose. You shall not use the Localite name, logo or marks without our prior written consent.

13. Third-Party Services

13.1 The Services interoperate with services operated by third parties, including WhatsApp, UPI applications, Google Maps and app stores. Your use of such services is governed by their respective terms and policies, and Evolve Incorporation is not responsible for the availability, content or operation of any third-party service.

13.2 Features of the Services that use Google Maps Platform are subject to the Google Maps/Google Earth Additional Terms of Service and the Google Privacy Policy, and by using such features you agree to be bound by them.

14. Communications

By using the Services, you consent to receive communications from us in electronic form, including one-time passwords by SMS, push notifications and messages relating to your account and the Services. You may disable push notifications through the settings of the Services or your device; however, you may not opt out of communications that are necessary for the operation of your account.

15. Disclaimers

15.1 The Services are provided on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, Evolve Incorporation disclaims all warranties, whether express, implied or statutory, including any warranty of merchantability, fitness for a particular purpose, title and non-infringement.

15.2 Evolve Incorporation does not warrant that the Services will be uninterrupted, timely, secure or error-free, that any message or notification will be delivered, or that any information made available through the Services, including any information provided by a Business or any product name or classification suggested by the Services, is accurate or complete.

16. Limitation of Liability

16.1 To the maximum extent permitted by applicable law, Evolve Incorporation, its proprietor, employees and agents shall not be liable for any loss or damage of any kind, whether direct, indirect, incidental, special, consequential, exemplary or punitive, including any loss of profits, revenue, data or goodwill, arising out of or in connection with (a) your access to, use of or inability to use the Services; (b) any transaction, communication or dispute between a Customer and a Business; (c) any goods or services offered, supplied or purchased through the Services; (d) any payment made or not made through any UPI application; (e) any conduct or content of any user or third party; or (f) any unauthorised access to or alteration of your data or User Content, whether based on contract, tort (including negligence), statute or any other legal theory, and even if Evolve Incorporation has been advised of the possibility of such loss or damage.

16.2 Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law.

17. Indemnity

You agree to indemnify, defend and hold harmless Evolve Incorporation, its proprietor, employees and agents from and against any claims, demands, losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of or in connection with (a) your breach of these Terms; (b) your User Content; (c) any transaction between you and any other user of the Services; or (d) your violation of any applicable law or of the rights of any third party.

18. Suspension and Termination

18.1 Evolve Incorporation may suspend or terminate your access to all or any part of the Services, with or without notice, if you breach these Terms, if required to do so under applicable law, or if your use of the Services poses a risk to Evolve Incorporation, other users or third parties.

18.2 You may stop using the Services at any time, and may delete your account from within the Services. The treatment of your data upon deletion of your account is described in our Privacy Policy.

18.3 Sections 5, 6, 11, 12, 15, 16, 17, 20 and 21, and any other provision of these Terms which by its nature is intended to survive, shall survive the termination of these Terms.

19. Changes to the Services and These Terms

19.1 Evolve Incorporation may modify, suspend or discontinue all or any part of the Services at any time.

19.2 We may amend these Terms from time to time. The amended Terms will be published on this page with a revised “Last updated” date and, where the changes are material, we will notify you through the Services or the Website. Your continued use of the Services after the amended Terms take effect constitutes your acceptance of the amended Terms.

20. Governing Law and Dispute Resolution

20.1 These Terms shall be governed by and construed in accordance with the laws of India.

20.2 Any dispute, controversy or claim arising out of or in connection with these Terms or the Services shall first be referred to Evolve Incorporation in writing, and the parties shall attempt in good faith to resolve it amicably within 30 (thirty) days of such reference.

20.3 Any dispute that is not resolved under Section 20.2 shall be finally resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996, by a sole arbitrator appointed by mutual agreement of the parties or, failing such agreement, in accordance with that Act. The seat and venue of arbitration shall be Ahmedabad, Gujarat, India, and the arbitration shall be conducted in the English language.

20.4 Subject to Section 20.3, the courts at Ahmedabad, Gujarat, India shall have exclusive jurisdiction over all matters arising out of or in connection with these Terms.

20.5 Nothing in this Section 20 shall prevent a person from approaching any consumer commission or other forum where such right cannot be excluded by contract under applicable law.

21. General

21.1 Entire agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and Evolve Incorporation in respect of the Services.

21.2 Severability: If any provision of these Terms is held to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall continue in full force and effect.

21.3 Waiver: No failure or delay by Evolve Incorporation in exercising any right under these Terms shall operate as a waiver of that right.

21.4 Assignment: You may not assign or transfer any of your rights or obligations under these Terms. Evolve Incorporation may assign or transfer its rights and obligations under these Terms, including in connection with a sale, transfer, merger or reorganisation.

21.5 Force majeure: Evolve Incorporation shall not be liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, natural disasters, epidemics, war, civil unrest, acts of government, and failures of telecommunication networks, power supply or third-party services.

21.6 Headings: Headings in these Terms are for convenience only and shall not affect their interpretation.

22. Contact Us

For any questions or grievances regarding these Terms or the Services, please write to: