Welcome to Glocal Desi! a membership based, global online platform (Portal) for Desis to connect, meet and share with each other. This Portal is an initiative of Glocal Phygital Media, a brand name owned by BeNedIN Group B.V., a limited liability company, registered at the Netherlands’ Chamber of Commerce (Dutch: Kamer van Koophandel) with registration number 74322877 (hereinafter also referred as “Company”, “We”, “Us”, “Our”).

The Company provides you access to a variety of Services via www.glocaldesi.com, the website (the "Website") and other (future) mobile applications (“App”), (The Website and the App, shall collectively be referred to as the “Portal”). All the products and Services available through the Portal (collectively the "Portal Services") are covered under the following Terms of Use. These Terms of Use govern access to and use of the Portal and the Portal Services.

By selecting the “I AGREE” option, you are consenting to be bound by these Terms of Use for using the Portal. Please ensure that you read and understand all these terms of use before using the portal, as you shall be bound by all these terms upon selecting on the “I ACCEPT” button. Your agreement to these terms shall act as a binding agreement between you and the company, in respect to the use of our services. 

Scope of Services: 

The Portal, currently in its ‘beta’ website version (i.e. concept / test mode), acts as a medium for the global Desis (i.e. people of South Asian origin, specifically Indian, Bangladeshi, Pakistani, Nepali, Sri Lankan and Afghanistani) to connect digitally, meet physically and share personally within their glocal (i.e. globally local) communities.

The Portal enables its registered community members, Desis, to contact other Desis digitally for acquaintance, friendship, matrimonial, experience sharing, ride sharing, food sharing or home sharing. It also allows the community members to join or organize Desi meets (i.e. events or experience sharing tours) and share personalized services or requirements, such as a package or goods delivery from country of origin to country of living, and vice versa, in accordance with their own mutual understanding, in their own personalized way.

The portal mostly acts as a facilitator (i.e. listing platform) for personalized services and requirements, and it neither claims nor guarantees that these services or requirements are fully compliant with the country of living or country of origin of the Desi, who listed the services or requirements. Each registered member is solely and individually responsible for ensuring that the services and requirements they list or fulfill are in accordance with their applicable / local regulations (e.g. import and customs duty regulations).

If, and when, the portal is notified of any unlawful activities or services listing that do not comply with local regulations, it immediately deletes it from the portal and deactivates the associated user account temporarily or permanently, depending on the seriousness of the service / complaint.

The portal also acts as a personalized marketing and e-advertising platform, for sharing of services and requirements of the Desi community, for the Desi community, as well as listing of services by third party service providers (“Partners”), who could be active in event management, re-location, advise and consulting, banking, e-commerce, travel & tourism, hospitality, care and other expat related services. Partners (who can be a Desi or non-desi) may also respond to any specific requirements posted by the Desis on this Portal.

Some of the partner services may be located on third-party websites or applications, either as links from or to an add-on service, or otherwise in connection with, websites or applications that those third parties control.

Some of our Services require paid subscriptions and / or collecting payment on behalf of our users, and transferring it to them after the service is delivered. By purchasing an online service offered by another user or using our paid subscription, you agree to these Terms of Use, as well as the terms of our secure payment gateway provider Stripe.

Registration and Use

Registration and Profile:

You agree and understand that this Portal and the contents are intended for people who are at least 18 years of age or above. You hereby represent that you are 18 years of age or above and competent to enter into a legal contract within the meaning of generally applicable contracts law.

The Portal requires that you register and create a detailed profile in order to use some or all the features and functionalities of the Portal. We may, in our sole discretion, permit or deny your profile to be registered, as the Portal is purely meant for the Desi community. Once we permit you to register and create a profile at the Website, you agree and undertake to access the Website only using the unique username and password, as may be amended by you from time to time, associated with your registration. You will be solely responsible for maintaining the confidentiality of such password and agree that the password is intended for use solely by you.

We also allow you to register with the Website using your Facebook or Google+ account. If you complete your Registration via Facebook or Google+ all applicable Facebook and Google terms of use and privacy policy and any changes to the same shall apply to you in addition to these Terms of Use.

You understand that for the purpose of maintaining the Portal, as a genuine online Desi community, you are required to provide accurate information, including but not limited to your real name, picture, e-mail id, mobile number, place of origin, place of living, hobbies, interests, languages and expertise (collectively referred to as “User Content”). You represent that you have all rights required to provide the information that you have provided to the Portal, including the User Content and represent that they are true and accurate. You will be asked to verify your email ownership by sending a verification email. The portal does not allow profiles with fake names, nick names or dubious names.

If you are registering as a Partner, you represent that you are duly authorized to register on behalf of your organization and by accepting these Terms of Use you bind such underlying business entity to these Terms of Use.

Personally identifiable information (PII):

The decision to post/create a public profile with user content is absolutely at your own discretion. The portal requires and stores some of your personal details to identify you and provide a relevant Desi / service match for you, but we DO NOT publish personally identifiable information (PII), such as your email, phone or exact home address anywhere on Our Portal. You choose yourself whether you want to publish your picture or not, which is the only PII that is visible to other users. Read our detailed privacy policy here.

Contacting Others:

Accepting another Desi's contact request,registering and participating in a Desi meet or ordering a service request is at the sole discretion of registered members. While the portal admin team reviews and approves every registered profile, we do not claim, nor guarantee that the information published on the Portal by the members or Service Providers is genuine or fully authentic.

We advise you to use our in-build messaging services to contact new / unknown users, and not share with them your direct phone number or email address until you are fully comfortable in doing so. Read our detailed safety precautions here before creating a profile, and before sending or accepting contact requests to other users.

Awarding the work or concluding a work / service contract is directly between Desis (consumers) and the Service Providers at their sole discretion. We advise you to apply caution while exchanging messages with potential service providers and read our detailed safety precautions here.

Accuracy of Information: 

The information we collect from users of our Services, including during the registration process for our users (including Service Providers) is detailed in our Privacy Policy. When you create a profile, you must provide Us with accurate and up-to-date information, for which you are solely responsible.

You will be solely responsible for your acts on the Portal including those conducted under the username assigned to you. You understand and agree that the Company may, in its sole discretion, terminate your access to the Portal without notice and you waive any right to claim access to the Portal or any other claim that you may have. Any data of your usage may be retained or deleted at the Company’s sole discretion. You agree that the User Content uploaded can be used and viewed by other users or third parties, who access the Website.

Communication:

By using Our Services and providing us with your contact information, you agree that We/other users of the Portal can send you communications about our Services. By using our Services or by filling out any forms / agreements on or through the Services, providing us with information or making an inquiry, you acknowledge that we have an established business relationship with you and you expressly consent to being contacted by Us or Our Service Providers, whether by phone, mobile phone, text (SMS), email, postal mail or otherwise.

In case you call Us We may record those phone calls for quality assurance and customer satisfaction purposes. In those jurisdictions where consent is required in order for a party to record any telephone call, you provide us consent to record your call when you call Us.

Posting a Service:

All services posted on the Portal must be of a professional nature and accurately describing the services requested. They should be free of offensive language or advertisements for other products or services from our competitors. Services or Requirements postings may not request any service that is illegal or violates intellectual property rights, copyrights or the terms of service of another service, product or website. Postings related to the creation of adult or explicit content or those that are considered un-parliamentary are prohibited and will be deleted by admin, as and when notified by other users or identified by admins.

All User Content will be used and processed in accordance with these Terms of Use and the Privacy Policy. You agree that you have read and understood the Privacy Policy.

Permitted Use: 

You agree that you will use the Portal only for the purposes of viewing or listing advertisements related to Desi Services or to use the other services provided by the Company through its Portal in accordance with these Terms of Use and all other applicable agreements that you have entered into with the Company.

You will use the Portal and any information available in accordance with all applicable laws and regulations. These Terms of Use are in addition to and not in derogation of any other agreements or terms and conditions agreed upon or entered into by you.

Prohibited Use:

In relation to the use and access of the Portal, its content and features, you agree and undertake not to:

·       Upload, transmit or publish any information on behalf of a third party, including any User content of any person other than you, and more specifically, you will not impersonate another person;

·       Upload, transmit or publish any information or material which is threatening, abusive, obscene, derogatory (in any form), defamatory or libellous, discriminatory, racially or ethnically objectionable or contains pornography;

·       Violates the privacy or publish any personal information of any person except to the extent specifically approved by such person and only to the extent absolutely necessary to advertise such desi services;

·       Upload, transmit or publish any viruses or other malware to corrupt, interrupt, limit, destroy or otherwise impact the Portal, the Company’s computer systems or the computer systems of other users or third party systems;

·       Upload transmit or publish anything which you do not have the rights to or any material which infringes on the intellectual property rights (in whatever form) of any third party;

·       Use the Portal in any manner which is not permitted under these Terms of Use or in any manner which is illegal or unethical;

·       Access the Portal in any unauthorized manner, including by hacking or using log in credentials of any other user; and

·       Use the Portal for any unauthorized marketing purposes or for sending any unsolicited materials.

If any of your actions on the Portal or materials posted by you on the Portal are flagged as inappropriate, the Company reserves the right to review such actions or content to determine, in Our sole and absolute discretion, whether it violates these Terms of Use. If the Company removes your content or disables your account and/or access to the Portal, you may assume that such removal or disablement was purposeful on the part of the Company. The Portal may additionally refuse to let you re-register and/or use the features and functionalities at Our sole discretion.

Good Faith: 

By creating an account, you agree that you are signing up for Portal's Services in good faith, and that you mean to use them only for their intended purposes as desi services information tools and for no other reason.

Security: 

While the Company works to protect the security of your content and account, We cannot guarantee that unauthorized third parties will not be able to circumvent our security measures. Please notify Us immediately in the event of any compromise or unauthorized use of your account.

You are also responsible for maintaining the confidentiality of your account information and for ensuring that only authorized individuals have access to your account. You are responsible for all actions taken or content added through your account. Read Our detailed safety precautions here

By using certain of our Services, you agree that the Company may create a user account for you. You can learn about our policies for data collected via user accounts in our Privacy Policy. You may delete or disable your account it at any time by going into your personal dashboard.

Our Rules About Your Data Privacy

Privacy Policy: 

Our Privacy Policy governs Our collection, use, and disclosure of your personal information and is incorporated into these Terms of Use. Please read it carefully. It describes what information We collect from you and when, how and why We may create an account for you, with whom We share your information with and when and how you can opt-out or delete your account. This is important information. By using our Services, you consent to Our Privacy Policy.

Our Rules About Your Content

Your Content Is Your Responsibility: 

You are solely responsible for any messages, reviews, text, photos, videos, graphics, code, or other information, content or materials that you post, submit, publish, display or link to through the Services or send to other Portal users.

Monitoring User Content: 

The Portal does not approve, control, or endorse your or anyone else's User Content and has no obligation to do so. However, we reserve the right (but assume no obligation) to remove or modify User Content for any reason, at our sole discretion, including User Content that we believe violates our Terms of Use.

Be Truthful: 

You agree to provide accurate, complete, current, and truthful information when you add or edit facts about your home or otherwise provide content via the Services.

Do Not Post Illegal or Harmful Content: 

You agree not to post, submit, or link to any User Content or material that infringes, misappropriates, or violates the rights of any third party (including intellectual property rights) or that is in violation of any federal, state, or local law, rule, or regulation. You also agree not to post, submit or link to any User Content that is defamatory, obscene, pornographic, indecent, harassing, threatening, abusive, inflammatory, or fraudulent, purposely false or misleading or otherwise harmful.

Do Not Violate Others' Rights: 

You agree not to post copyrighted material without permission from the owner of the copyright. This includes, for example, photographs or other content you upload via the Services. You also agree not to disclose confidential or sensitive information. This includes but is not limited to any information that would potentially be viewed as an invasion of privacy.

License to Use Your Content: 

When you provide User Content via our Services, you grant us a royalty-free, perpetual, irrevocable, and fully sublicensable license to publish, reproduce, distribute, display, adapt, modify and otherwise use your User Content in connection with our Services. We will not pay you or otherwise compensate you for the content you provide to Us.

Your Content May Be Made Public: 

You understand and agree that any User Content that you post or submit to the Portal may be redistributed through the Internet and other media channels and may be viewed by the general public.

We reserve the right in our sole discretion to edit or remove information or materials provided by you.

Rules for Partners

Information Provided by Partners: 

If you are a desi Service Provider, you agree that you will not claim or submit listings that do not belong to you. When you submit or claim a listing, you hereby agree to abide by the User Terms and Conditions accepted by you. We reserve the right to review and deny every service or event listing of our partners.

User Content Provided to Service Providers: 

If you are a Service Provider, you agree that you will not use any information about Portal users that is transferred to you during your use of our Portal or Services (e.g., contact information sent to you when a user contacts you through your listing page) for any reason except to provide those users with Desi services. You further agree never to use such information for any illegal or harmful purpose.

Rules for Listing a Home

Our portal offers the possibility to share homes amongst the Desi community. This can be done by listing a full home, a room within a home, or a part of the accommodation for other users / consumers.

The Portal currently acts as an ‘information medium’ only, and do not claim or intend to become a real estate service provider. All information exchange about availability of a home, its proposed rent or rates are agreed directly between the lister and the consumer via a personal request or messages.

There are three ways in which a home (information) can be shared via the Portal:

1.     Short term stays, called Paying Guest Accommodations, for stays less than a month;

2.     Monthly Rental, called Rental Properties, for stays more than a month;

3.     Purchase, properties that are available for outright sale.

We aspire to verify all the properties that are listed on the Portal, but due to limited resources, it may take some time between the listing of property and our verification process. For that reason, and to be fully transparent with prospective consumers, each property shows the current verification status, which is explained as below:

1.     Physically verified, means the identity of the lister, the location of property, its interiors, and all pictures that are displayed by the lister are actually verified by our representative during a physical visit.

2.     Digitally verified, means the identity of the lister, the location of property, its interiors, and all pictures that are displayed by the lister are verified by our representative in a ‘live video call’ verifying the location of property on a digital map, such as Google Maps (Street View).

3.     In process, means the verification process has started, but not completed yet, due to lack of information or non-submission of requested information.

4.     Not yet verified, means the verification process has not started yet.

All users are advised to apply caution, and do not transfer any advance payments, to any of our listers, unless you have physically verified the property yourselves. The Portal does not and will not accept any liability for payments made by prospective consumers to listers. See our detailed safety precautions here.

Rules for Listing and Fulfilling a 'Requirement'

The Company provides a community portal to Desis, through which they can share their needs and requirements, and help each other as a global community. All registered users are allowed to publish their needs, called as “Requirement”, which means a desired item or service. Interested Desi Travellers may make offers to bring required items on terms expressed between the two users in a ‘Personal Message’. When agreed upon, fulfillment of the ‘Requirement’ by travelling Desi is a mutual agreement between the two users. The Company is neither a party nor accepts any liability on this mutual agreement between two users.

Requirement listing on The Portal is Completely Free, and compared to other similar service providers, The Company does not charge any intermediate fee or any commission on fulfillment of requirements. Any Desi located globally may request another Desi, who may have better availability to their requirements, in different regions and markets, and who may be willing to bring requested items to their Desi friends and community members, as a personal help. The Portal only enables travelling Desis to help their friends and community members, who may or may not be rewarded by the requirement lister.

For avoidance of doubt, The Company does not provide shipping services, and is not acting as a shipping carrier, freight forwarder, broker, transportation service provider or a package delivery company. It is up to the traveller or requester to offer shipping services which may be arranged through use of the personal messaging service. The Company does not handle or guarantee shipping, tracking, quality and condition of items or their delivery and shall not be responsible or liable for any damages or other problems resulting from shipping. 

The Company advises listers of requirements to be as specific as possible and provides a place to describe the place ‘Where to Buy’ to help ensure that a Traveller Desi obtains and brings only the desired item.

Prohibited Items:

Listers of requirements expressly agree not to use the Portal  to request that a Traveller obtain or bring any item that is prohibited under various international laws or laws of any local jurisdiction applicable to goods, transit or destination.

It is the responsibility of both the Lister and Traveller to refrain from requesting or bringing any item that is prohibited either by the jurisdiction of disembarkation, transit or embarkation. If found in breach of this agreement, the lister and / or traveller may be banned for life on our platform and may be reported to law enforcement agencies of the country of lister or traveller.

Prohibited items include, but are not limited, to:

·         Hazardous Materials as defined by Homeland Security or similar agencies.

·         Counterfeit goods

·         Currency

·         Stolen property

·         Alcohol

·         Live animals

·         Firearms, ammunition, explosives or chemicals

·         Human remains

·         Pornography or obscene materials

·         Illegal drugs or regulated drugs (prescription) in violation of law

·         Any product or item related to illegal activities, such as the production of illegal drugs

·         Any item that is prohibited by law in the place of origin, destination or any jurisdiction of transit through between origin and destination

·         Batteries

·         Aerosols or any flammable materials

·         Knives, batons or other weapons

·         Certain agricultural products

·         Imported items without a customs declaration, if it is required by the law of the land of destination.

Special attention to Customs Duties

Customs duties are taxes charged on imported goods. They vary widely across every country. Different rules and rates often apply to different types of products. Furthermore, the rules and rates may differ depending upon the country where you obtained the goods or from which you are traveling. Oftentimes there are exemptions that allow you to bring certain goods and/or goods up to a certain value into a country without being charged duty. Be honest and thorough when you fill out customs forms, as violating customs regulations can lead to penalties, including fines and confiscation of items.

The Company recommends that Lister and Travellers consult their respective government agencies that regulate items that may and may not be brought into or out of a country of origin, without a customs duty or within the permissible duty limits.

Users acknowledge and agree that except where prohibited by applicable law or otherwise agreed to by users, it is the Travellers, and not Listers, who buy and own required items and must maintain for presentment all original receipts evidencing such ownership. The Company is not responsible for violations of customs regulations conducted by travellers or listers. Because the Traveller has to first buy the lister’s item with their own money—and from reputable places, they know exactly what is going into their suitcase, and should be able to control the risk, and should not carry the items if they believe it may violate the customs regulations. Additionally, they can inform lister and The Company to remove that requirement from the portal.

Insurance: 

Users also acknowledge and agree that to the maximum extent allowed by law, the risk of loss remains with the Traveller unless and until the Traveller has completed all the obligations under his or her agreement with the Lister, which includes bringing the items as agreed. The Company recommends that Listers and Travelers procure their own insurance to cover the cost and expenses relating to the requirement.

Payment of event tickets, service sales and value added taxes:

If you, as a Desi user, or as a Partner, organize or list an event, or list a service and plan to sell tickets / online booking using our platform, you are most welcome. You can list your event or service for free. Every listing needs to be reviewed and approved by our admin team to make sure it complies with our general terms of use. In case, our admin find the event or service not in accordance with our portal terms of use, we reserve the right to reject its listing or remove it. 

We provide a simple and user friendly online payments management facility using our payment gateway Stripe, who charges us a nominal commission fee. We try to keep this commission really nominal, however we do not have a direct influence on it, as it is governed by Stripe payment terms and is charged as a percentage per payment transaction, as well as a fixed fee per transaction. 

In order to simplify and protect our partners and users from fluctuations in payment fee, we offer a fixed / blended rate of 7.5% commission per transaction on sale of event tickets or service orders below € 10 (Euro 10). This means that, on every ticket sale or service order below € 10, we will deduct 7.5% commission, and will transfer the remaining 92.5% to your prescribed bank account. For ticket prices or service orders above € 10, we charge a fixed fee of € 0.99 + 3% of the transaction amount. 

Our commission amount includes the VAT (Value Added Tax), that we will pay on our revenue. The VAT on your part of the revenue amount will need to be paid by you after we have transferred the ticket or oder amount to you.

For online booking / sale of services, to ensure service delivery and user safety, we collect payment from consumer upfront, and transfer to the lister, only after the consumer has confirmed receipt of service. In case of no confirmation, payment is transferred at least after 48 hours of order date / booking time.

We transfer all ticket sales or service order amounts within 7 business days of the transaction (for limited or higher amount transactions) or once per month (for bulk or smaller transactions), as preferred by you. Please keep this flexibility in payment period, and processing fee of 7.5% in mind when you set the price for your ticket or service order. We advise you to mark-up your tickets or service costs, in case you like to pass on this processing fee to your end users.

Free events, and their tickets will always remain free, as we do not charge any commission on free events or services.

Intellectual Property and Licenses

Limited License to Use Our Services: 

Subject to these Terms of Use and any other policies We create, We grant you a limited, non-sublicensable right to access the Portal, use Our Services, and print materials for your personal, non-commercial, and informational use only. This license does not allow you to copy or sell our Services or Materials; scrape or mine our Portal, Services, or Materials; or frame any part of our Portal or Services. We reserve the right, without notice and in our sole discretion, to terminate your license to use the Portal or Services, and to block or prevent future access to and use of the Portal or Services.

Except for the limited license granted to you, you are not conveyed any other right or license in any way. Any unauthorized use of our Portal or Services, and any use that exceeds the license granted to you, will terminate the permission or license granted by these Terms of Use.

You agree and understand that:

·       The contents of the Portal including but not limited to the information, logos, designs, databases, arrangement of databases, user interfaces, response formats, videos, testimonials, software, audio, pictures, icons, are the sole property of the Company or its licensors. All intellectual property in and to the Portal and its contents and functionalities shall vest solely with Company or its licensors.

·       Save for the limited right to access and use the Portal in accordance with the Terms of Use and other applicable agreements, on a non-exclusive and non-transferable basis, there are no other rights being granted to you in the Portal or any of its content and functionalities.

·       To the extent required, you grant the Company a non-exclusive, royalty free, worldwide, transferrable, sub-licensable right to host, display, demonstrate, publicly perform, use, reproduce, format, and distribute any materials, trademarks, trade names and other forms of your intellectual property which you have provided to the Company.

·       You have no right to make any copies of the whole or part of the Portal or any of the content therein.

·       You have no rights to remove, modify (including removing any copyright notices or proprietary markings) any part of the Portal save for any User Content that belongs to you.

·       You have no right to use any search mechanisms other than that provided on the Portal and you will not use any web-crawler or any data harvesting tools to harvest data of any sort from the Portal.

If you are found to be in violation of this clause, We reserve the right to terminate your access to the Website immediately.

Our Materials Are Protected: 

All materials on the Portal and Services, including Our branding, trade dress, trade names, logos, design, text, search results, graphics, images, pictures, page headers, custom graphics, icons, scripts, sound files and other files, and the selection and arrangement and compilation of information thereof (collectively "Materials"), are proprietary property of the Company, Our suppliers, Our licensors, or users, and are protected by the Netherlands and international intellectual property laws, including copyright and trademark laws. Our Materials cannot be copied, imitated, or used, in whole or in part, without Our prior written permission. You may not use any meta tags or any other "hidden text" utilizing "www.glocaldesi.com" or any other name, trademark, or product name of the Company without Our permission.

Our Use of Third Parties' Marks Does Not Imply Endorsement: 

All other trademarks, registered trademarks, product names, and logos appearing on Our Portal and Services are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Us.

Third-Party Links, Sites, and Services

Our Portal and Services may contain links to third-party websites, advertisements, services, special offers, or other events, activities, or content (collectively "Third-Party Materials"). These Third-Party Materials are not under the control of the Company. We are providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by Us of the website or any information contained therein. The Company is not responsible or liable for your use of or access to any Third-Party Materials. Whenever you leave the Portal or Services be aware that your activity outside Our Portal or Services will not be governed by our Terms of Use or other agreements.

No Warranties

THE PORTAL, THIS WEBSITE, THE MATERIALS, AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ALL USE OF THE PORTAL, www.glocaldesi.com WEBSITE, MATERIALS, AND SERVICES IS AT YOUR SOLE RISK.

WE SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE.

The Company takes no responsibility and assumes no liability for any User Content or other content, including links to web pages, that you or any other user or third-party posts or transmits using Our Portal or Services. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children or otherwise unsuited to your purpose.

The Company is not responsible in any way for, does not monitor, and does not endorse or guarantee anything about any third-party content (including but not limited to the status of shared living facilities, paying guest accommodations, desi events, desi tours and Service Providers) that may appear on our Portal or Services.

The Company does not represent in any manner that:

·       The information, data or contents of the Portal are accurate;

·       The Portal will always be available and will operate error free or that there will be uninterrupted access and service;

·       The integrity of the information on the Portal or information you upload will be maintained;

·       We endorse any of the views of any of the users who may have posted content;

·       We have verified or guaranteed the quality of services or representations made by any user of the Portal;

·       We have verified the credit worthiness of any user;

·       We have screened or verified any of the information posted herein; and

·       The Portal or any content is free from viruses or other malware.

Any photographs or videos published by the users or service providers for promotion or explanation of their services are not always verified by the company nor the Portal. The photographs or videos are subject matter of a listing or advertisement. Please be aware that the photographs are specific to a time and that what you see in them may have subsequently been altered. We do not take any responsibility for the accuracy of the photographs or for keeping the photographs updated. The photographs are intended only as a preliminary visual guide to the wording of the listing and it shall be entirely your responsibility to visit, view and determine the suitability (for your needs) of any services listed on the Portal prior to entering into any transaction with respect to the same with the actual Service Provider.

The Portal is only a platform for the advertising of opportunities for transactions that two users (i.e. the Desis and the Service Provider) of the Portal may enter outside of the auspices of the Portal or the Services provided by the Company. Any contractual or commercial agreements / deals / transactions / negotiations are agreed to between users alone and neither the Portal nor the Company shall be in any manner liable or responsible for these commercial arrangements. Company is not responsible for any breach of any contract concluded by any of the user/s. The Company does not stock / underwrite / deal / rent / block any immovable or movable property directly or indirectly.

Your use of the Website and its functionalities shall not act to make the Company your agent in any form or manner. Any disputes between you and Service Providers are to be resolved between you and such Service Providers only and the Company is not responsible and shall not be required to mediate or resolve any disputes or disagreements between such users. You acknowledge and agree that you cannot and will not enjoin the Company or its affiliates, officers, employees, agents and professional advisers as a party to any such dispute.

You expressly release the Company, its affiliates, officers, employees, agents and professional advisers from any cost, damage, liability or other consequence of any of the actions of the users of the Portal.

Indemnification

You agree to defend, indemnify, and hold the Company harmless from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content you post, store, or otherwise transmit on or through the Portal or Services or your use of the Portal and the Services, including, without limitation, any actual or threatened suit, demand, or claim made against the Company arising out of or relating to the User Content, your conduct, your violation of these Terms of Use, or your violation of the rights of any third party.

Limitation of Liability

IN NO EVENT SHALL THE COMPANY, OUR OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS PORTAL, THE MATERIALS, OR OUR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

The aggregate liability of the Company to you or anyone, whether in contract, tort, negligence or otherwise, howsoever arising, whether in connection with these Terms of Use, your access and use of this Portal and its contents and functionalities or for any reason related to the operation of the Portal, shall not exceed Euro 100 (Euro One Hundred only). In no event shall the Company be liable for any loss of profits (anticipated or real), loss of business, loss of reputation, loss of data, loss of goodwill, any business interruption or any direct, indirect, special, incidental, consequential, punitive, tort or other damages, however caused, whether or not We have been advised of the possibility of such damages.

General Terms

Termination: The Company reserves the right to terminate your access to the Website at any time, in our sole discretion. You acknowledge the Company’s right to do so and waive any claim that you may have arising from such termination. Notwithstanding the termination of access, all provisions, which by their nature are intended to survive, shall survive termination and continue to be applicable.

Force Majeure: In no event shall the Company be liable for any acts beyond our control or for any acts of god.

Access: The Company does not make any claim that the Portal and its contents may be lawfully viewed or accessed in the jurisdiction you are viewing it in. You are solely responsible for complying with the laws applicable to you.

Payment: To access some of our services, user needs to buy and pay for a subscription online or an online service order. We use third-party payment processors for online payment. The processing of payments or credits, as applicable, in connection with your use of the Desi Community will be subject to the terms, conditions and privacy policies of the third party payment processors and your credit card issuer in addition to this Agreement. We are not responsible for any errors by the payment processors.

Cancellation/Refund Policy: While availing any of the payment method/s available on the Portal, the Company will not be responsible or assume any liability whatsoever in respect of any loss or damage arising directly or indirectly to you. All payments made on the Portal, including payments made towards paying subscription fee or booking of a desi event and desi tours or services, are non-refundable. In the event payment is deducted from the User's account with non-completion of the purported transaction, or non-delivery of services, the exact amount shall be refunded to the User via the same mode of payment within 3-5 working days.

All commercial terms are on a principal-to-principal basis between the buyers and the sellers and the Portal’s payment facility is merely used by the buyers and the sellers to facilitate the completion of the transaction. Use of the payment facility shall not render the Company liable or responsible for the non- completion, non-payment, damage, breach of representations and warranties or fraud as regards the services listed on the Portal.

Complaints: Should you have any complaints regarding the Portal, including but not limited to abuse and misuse of the Portal, copyright infringement and the like, or any issues related to data privacy please report the same to support@glocalphygital.com.

Please provide your name, email address, physical address and contact numbers so that the Company may be in a position to verify details or check the authenticity of the complaints.

Modification of Services: The Company reserves the right to modify or discontinue (completely or in part) our Website, Services, or any content appearing therein. www.glocaldesi.com will not be liable to you or any third party if we exercise this right.

Modification of These Terms: We reserve the right to change or modify these Terms of Use, or any policy or guideline of the Website or Services, at any time and in our sole discretion. Any changes or modifications will be effective immediately upon posting of the revisions to the Portal or Services. You waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Website or Services following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Please review these terms and conditions periodically and check the version date for changes.

Choice of Law: These Terms of Use are governed by the laws of the Netherlands. The courts in the Netherlands shall have exclusive jurisdiction over any claim or matter arising out of these Terms of Use.

No Waiver: The Company’s failure to exercise or enforce any right or provision of the Terms of Use will not be deemed to be a waiver of such right or provision.

No Third-Party Beneficiaries or Rights: These Terms of Use do not create any private right of action on the part of any third party or any reasonable expectation that the Portal or Services will not contain any content that is prohibited by these Terms of Use.

Entire Agreement and Severability: These Terms of Use, the Privacy Policy and any amendments and additional agreements you might enter into with the Company in connection with our Portal or Services, shall constitute the entire agreement between you and the Company concerning the Portal or Services, and shall supersede any prior terms you had with the Company regarding the Portal or Services.

If any provision of these Terms of Use is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary and the other provisions of these Terms of Use remain in full force and effect.

Assignment: You may not assign or otherwise transfer your rights or obligations under these Terms of Use. The Company may assign our rights and duties under these Terms without any such assignment being considered a change to the Term of Use and without any notice to you.

Notices: Any notices or other communications that you wish to send to the Company may be addressed to the registered office mentioned above.

Dispute Resolution: Unless you have entered into an additional agreement with the Company that provides for an alternative dispute resolution mechanism, you agree that any dispute arising between you and the Company which cannot be resolved amicably, shall be conclusively resolved by a sole arbitrator. The Arbitration shall be conducted as per the Arbitration rules laid down under the laws of the Netherlands. The arbitration shall be conducted in the English language and the award passed by the Arbitrator shall be final and binding on both parties. The cost of arbitration shall be borne by you, unless awarded otherwise.

Contact Information: If you have any questions or suggestions regarding our Terms of Use, please contact us.