Terms and Conditions for Local Retailer

This document (“Term and conditions”) is an electronic record within the meaning of the Information Technology Act, 2000, and the rules made thereunder, as applicable, and the amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.

These Terms and Conditions ("Terms") govern your access to and use of the digital platform known as “Local Retailer” (the “Platform” or “App”) , owned and operated by Acintyo Local Oriented Customer Applications Pvt Ltd, a company incorporated under the provisions of the Companies Act, 2013, having its registered office in India ("Acintyo", "we", "us", or "our").

By registering or accessing or browsing, or using the of the Platform as a Retailer or End Customer, you acknowledge that you have read, understood, and agree to be bound by these Terms, along with all applicable policies, including the Privacy Policy and any other guidelines notifies on the Platform from time to time. If you disagree with any part of the Terms and Conditions, then you may discontinue access or use of the Acintyo Platform immediately.

2. Business Model

Acintyo operates a business-to-business-to-customer ( B2B2C) digital marketplace wherein Acintyo supplies pharmaceutical and healthcare products to registered Retailers. Such Retailers list and sell the products through the Local Retailer App, and end customers place orders via the App, and delivery or in-store pickup, which is fulfilled by the respective retailers.

3. Your Use of the Application

3.1 By Using the Acintyo Platform, you expressly agree to be bound by the Terms and Conditions. If you do not agree with any of the Terms and Conditions, please do not use the Acintyo Platform. Any accessing, browsing, or otherwise using the Acintyo Platform indicates your agreement to these Terms and Conditions, and any other policies or guidelines that may be applicable on the Acintyo Platform at the time of your access and usage of the Acintyo Platform and which may be updated from time to time.

3.2 These Terms and Conditions document is an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder as may be applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

4. Eligibility

By using Acintyo Platform, as a user you represent and warrant that you meet the following primary eligibility criteria:

• You are at least 18 years old or accessing the Acintyo Platform under the supervision of a parent or guardian, who in such a case will be deemed as the recipient/ end-user of the Platform (as defined in these Terms and Conditions) for the purpose of these Terms and Conditions
• You are legally competent to contract, and otherwise competent to receive the Services (as defined in these Terms and Conditions). Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Acintyo Platform.
• Acintyo reserves the right to terminate your membership, if any, and/or refuse to provide you with access to the Acintyo Platform if Acintyo discovers that you are under the age of 18 years.
• These Terms and Conditions are published in compliance of, and are governed by the provisions of Indian laws as may be amended from time to time, including but limited to:
  • The Indian Contract Act, 1872;
  • The Information Technology Act, 2000 and the rules, regulations, guidelines and clarifications framed thereunder, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011, and the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules 2021, as amended from time to time;
  • The Drugs and Cosmetic Act, 1940, read with the Drugs and Cosmetics Rules, 1945;
  • The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954;
  • The Indian Medical Council Act, 1956 read with the Indian Medical Council Rules, 1957;
  • Pharmacy Act, 1948; and

5. Retailer Onboarding & Responsibility

• Retailers must complete proper KYC, GST, and drug license verification before accessing the platform.
• Retailers are solely responsible for maintaining accurate product listings, stock availability, pricing, and order fulfilment.
• Retailers shall strictly comply with all applicable laws and regulations governing the sale, storage, and distribution of pharmaceutical and healthcare products including local pharmacy regulations.

6. Product Supply and Delivery

• Acintyo shall endeavours to carry out deliveries of products to registered Retailers in accordance with agreed schedule and confirmed order quantities.
• Risk in the goods shall transfers to the Retailer upon delivery.
• Any Damaged, defective, or expired products must be reported to Acintyo within 48 hours of delivery , failing which such products shall be deemed to have been accepted.

7. Use of Platform

• User agree not to misuse the app or platform for any unlawful, unauthorized or fraudulent purpose.
• All Data and information shared on the platform must be accurate, lawful and up to date.
• Any activity that compromises the integrity, security, or functionality of the platform or harms customers will result in account suspension or termination of access and may attract legal action.

8. Pricing & Payments

• Retailers shall accept customer orders placed through the Platform at the prices displayed on the Local Retailer App.
• End-customer payments are collected via Acintyo’s integrated payment gateways.
• Payouts to Retailers (if applicable) will be processed after applicable deductions such as transaction charges, taxes, and platform fees or other statutory deductions.
• Acintyo reserves the right to withhold, delay or reverse payouts in cases of involving suspected fraud, customer complaints, or regulatory issues.

9. Returns, Refunds & Disputes

• Refunds to customers shall be governed by Acintyo’s refund policy as detailed in the app.Retailers shall fully cooperate in handling cases of returns, product complaints, or disputes resolution process clause set out herein
• All disputes between Retailers and Acintyo shall be resolved in accordance with the Dispute Resolution clause set out herein.

10. Intellectual Property

• You recognize and agree that all copyright, registeredtrademarks, content, software and other intellectual property rights on all the materials or contents provided as part of the Local Retailer App are the property of Acintyo and belongs to Acintyo
• No user or Retailers is permitted to copy, reproduce, modifyor distribute any content without the prior written consent from Acintyo.

Confidentiality

Retailers are responsible for maintaining confidentiality of login credentials and all activities carried through their account.

11. Indemnity

By using the Acintyo Platform , you agree, to the fullest extent permitted by law, to indemnify and keep indemnified and hold Acintyo, its affiliates, and Acintyo Group Companies and its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims, losses, costs, charges and expenses including reasonable attorney fees that the concerned indemnified persons may suffer on account of your breach of these Terms;

• your use of the Acintyo Platform;
• incorrect or inaccurate credit/debit card details provided by you;
• you using a credit/debit card which is not lawfully owned by you;
• you permitting a third party to use your password or other means to access your account;
• your non-compliance with applicable law or regulations in the jurisdiction in which you are accessing the Acintyo Platform;
• any action taken by Acintyo as part of its investigation of a suspected violation of these Terms or as a result of its finding or decision that a violation of these Terms has occurred.

12. LIMITATION OF LIABILITY

By using our Platform, you confirm that you understand and agree to the following:

• To the extent permitted by applicable law, Acintyo or its affiliates or any Acintyo group companies will not be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages arising out of or relating to:
  • These Terms and Conditions and Privacy Policy;
  • Your use or inability to use the Acintyo Platform; and
  • Your use of any third-party services you contacted through the Acintyo Platform.
• Acintyo does not warrant that the Acintyo Platform or any of the Products available through it will be uninterrupted or free from errors. There may be delay, omissions, interruption, and/or inaccuracies in materials or Service available through the Acintyo Platform.
• Although Acintyo takes reasonable steps to prevent the introduction of viruses, worms or other malicious code to the Acintyo Platform, Acintyo does not represent or warrant that the Acintyo Platform, or the Products or materials that may be made available through the Platform are free from such destructive features. Acintyo is not liable for any damages or harm attributable to such features or arising directly or indirectly from such features.
• To the extent permitted by law, Acintyo shall not be liable to you or to any third party for any direct, incidental, indirect, special or consequential losses, damages whatsoever (including, but not limited to, lost profits, revenue, contracts, anticipated savings, goodwill or wasted expenditure, business interruption, loss of programs or other data on your information system or any other indirect or consequential loss), even if Acintyo has been advised, knew, or should have known of the possibility of such damages, arising out of or related to:
  • your use of or reliance on the Acintyo Platform, any information, hyperlinks or content contained therein, or Services included on or otherwise made available to you through the Acintyo Platform;
  • your provision of information, personal or otherwise, to Acintyo;
  • acts or negligence on the part of Acintyo its agents or employees; and
  • Errors, delays or deficiencies in product or theft or damage of Products,
• To the fullest extent permitted by law, Acintyo disclaims and excludes all warranties and representations, express, implied or statutory, with respect to the Acintyo platform or with respect to the accuracy, currency or completeness of the information provided by Acintyo, including the implied warranties of merchantability or fitness for a particular purpose and non-infringement of a patent, trademark or other intellectual property right. The Acintyo platform, including, without limitation, all content, information and links contained therein, is provided “as-is” without any warranty that it will be uninterrupted or error free. You expressly agree that your use of this Acintyo platform is at your sole risk.
• Notwithstanding anything herein to the contrary, Acintyo’s aggregate liability (whether in contract, tort or otherwise) for any loss or damage that you may incur on any account whatsoever, arising out of your use of the Acintyo’s Platform, shall be limited to a sum equal to the amount paid or payable by you for the Product(s) in respect of one incident or series of incidents attributable to the same cause.
• Acintyo reserves the right to refuse Supply, terminate accounts, remove or edit content, or cancel orders anytime at their sole discretion.
• No claims or action arising out of, or related to, the use of the Acintyo Platform or these terms and conditions may be brought by you more than one (1) year after the cause of action relating to such claim or action arose.

13. Data Privacy

We respect your right to privacy in respect of any personal information provided to us for the purposes of availing our Platform.

• Acintyo collects and processes personal data in accordance with its Privacy Policy and applicable data protection laws, including the Digital Personal Data Protection act, 2023
• Retailers are prohibited from misusing any customer data obtained through the platform.and shall obtain all necessary consents before collecting or personal processing data.

Any breach of data protection and privacy obligations will be treated as a material violation of these terms.

14. Events Beyond Our Control

We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under any contract including any delay or failure to deliver Products when caused by events that are beyond our reasonable control (“Force Majeure”). Force Majeure shall include any act, events, failure to exercise, omission or accident that is beyond our reasonable control, including , among others, the following:

• Strike, lockout or other forms of protest;
• Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war;
• Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster;
• Inability to use public or private transportation and telecommunication systems; and
• Acts, decrees, legislation, regulations or restrictions of any government or public authority including any judicial determination.

Our obligation deriving from any contracts should be considered suspended during the period in which Force Majeure remains in effect, and we will be given an extension of the period in which to fulfil these obligations by an amount of time we shall communicate to you, not being less than the time that the situation of Force Majeure lasted.

15. Termination

• We reserve the right to refuse the use of Platform, suspend or terminate immediately in case your conduct is deemed by us to be in contravention of applicable laws, rules and regulations or these Terms and Condition.
• your account without notice if you violate these Terms, misrepresent products, or engage in illegal activity.
• Retailers can request termination of their account with 7 days written notice, provided all dues are cleared.

16. Modification of Terms

• We may from time to time update or revise these Terms and Conditions. Every time you wish to use the Actinyo Platform, please check the relevant Terms and Conditions and Privacy Policy to ensure you understand terms that apply at that time. Continued use of the app implies your acceptance of any revised Terms.

17. Governing Law and Dispute Resolution

• The use of our Acintyo Platform and the contract between you and Acintyo shall be governed by the laws applicable in India, without regards to the conflict of law rules. Any dispute relating to the use of these Terms will be only resolved exclusively in the Courts at Hyderabad, India but not in any other Court. shall be governed by the laws of India.
• Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts in Hyderabad, Telangana.

Assignment

Retailers cannot assign or transfer their rights or obligations without Acintyo’s prior written consent

18. Contact Us

Email: contact@thelocal.co.in

Address: Acintyo Local Oriented Customer Applications Pvt Ltd, B4, IDA 5, Gandhi Nagar Rd, Asbestos Colony, Kukatpally, Hyderabad, Telangana 500073

Phone: 9652597911, 7780770342