Terms and Conditions

HappyLocate Terms and Conditions

This document is an electronic record in terms of Information Technology Act, 2000 as amended from time to time and rules, regulations there under as applicable and the 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.

Introduction

This website, www.HappyLocate.com, (hereinafter referred to as “HappyLocate” or “happylocate.com”) is owned, hosted and operated by HappyLocate Relocation Services Private Ltd, a company incorporated in India under the Companies Act, 1956 and having its registered office at 4th Floor, No.146/6, Opp Drum Factory, Thanisandra Main Road Nagavara Bangalore KA 560077 IN

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to HappyLocate’s use of cookies in accordance with the terms of HappyLocate’s privacy policy.

Please read the following terms and conditions carefully before registering, accessing, browsing, downloading or using the Site/application. By accessing or using the Site/APPLICATION or by using the Service through the website/application you agree to be bound by these terms and conditions set forth below including any additional guidelines and future amendment & modifications. If at any time you do not agree to these terms and conditions or do not wish to be bound by these terms and conditions, you may not/should not access or use the site and immediately terminate your use of the services

Your agreement to these Terms and Conditions for availing Service from happylocate.com is a legal contract between you any individual of at least 18 years of age or legal person who has agreed to become a user of service on the Website/platform/application by providing Registration Data while registering on the Website as Registered User using the computer systems or using the website/platform/application as Guest User and HappyLocate Relocation Services Private Ltd., having its registered office at 4th Floor, No.146/6, Opp Drum Factory, Thanisandra Main Road Nagavara Bangalore KA 560077 IN

All services are rendered by ‘happylocate.com’ or ‘HAPPYLOCATE’ through its platform and application under the brand name ‘happylocate.com’ or ‘HAPPYLOCATE’. Hence all the rights, benefits, liabilities & obligations under the following terms & conditions shall accrue to the benefit of ‘HAPPYLOCATE’. (together with its subsidiaries and other affiliates, “us”, “We” or “happylocate.com”), regarding your use of our services listed in our website/application.

DEFINITIONS & INTERPRETATIONS–

“intermediary” means an intermediary as defined in R. 2(1)(i) of the IT (Intermediaries Guidelines) Rules, 2011 and as defined in S. 2(1)(w) of the IT Act, 2000 and in the present instant case to ‘happylocate.com’ or ‘HAPPYLOCATE’;

“Platform” means the service being operated online by ‘HappyLocate Relocation Services Private Ltd’ in the name and style of happylocate.com or through mobile application ‘HAPPYLOCATE’;

“vendor” or ‘merchant’ in the instant case refers to the third party service provider listed in the website/application/portal;

“User” shall refer to both the vendor/merchant/service provider listed in the platform and the purchaser/buyer of the service and products using the platform;

“purchaser” or “customer” means a person acquiring a service or a product by payment of a consideration through the platform;

“Application” shall mean the application developed by the company and offered by the company/happylocate.com and downloaded and installed by you on your mobile device or other compatible device;

“sensitive personal data or information” shall have the same meaning as enumerated in Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011;

PRIVACY

Please view our Privacy Policy, which also governs your use of happylocate.com Services, to understand our practices and policies.

ELIGIBILITY

1. Use of the Website/platform/application provided by ‘Happylocate’ is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 are not eligible to use the Website/platform/application. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the happylocate.com or the platform and shall not transact on or use the website/platform/application. As a minor if you wish to use or transact on website/application, such use or transaction may be made by your legal guardian or parents on the Website.

Happylocate.com or Happylocate reserves the right to terminate your account with happylocate.com or its application and / or refuse to provide you with access to the Website/application if it is brought to the company’s notice or if it is discovered that you are under the age of 18 years.

You shall not impersonate any person or entity, or falsely state or otherwise misrepresent identity, age or affiliation with any person or entity.

By using the Platform the User represents and warrants that: (i) its access and usage of the Platform is not in violation of any applicable law, (ii) it is eligible to form legally binding contracts under applicable laws, and (iii) it is not subject to any contractual arrangement, judgment or order by a judicial or quasi-judicial authority that is inconsistent with the Terms and Conditions.

LICENSE TO USE WEBSITE

2. Unless otherwise stated, HappyLocate and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not access HappyLocate:

- To republish material from this website (including republication on another website);
- To sell, rent or sub-license material from the website;
- To show any material from the website in public;
- To reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- To edit or otherwise modify any material on the website; or
- To re-distribute material from this website [except for content specifically and expressly made available for redistribution].
- To cause annoyance, inconvenience or needless anxiety;
- To: (i) the scraping or attempting to scrape data on the Platform including information provided by Vendors, third parties or other Users of the Platform; (ii) Use the Platform for monitoring, benchmarking or throttling or any other purposes that may impair the performance or functionality of the Platform; (iii) access or attempt to access the Platform by any means other than through the interface provided by HappyLocate; (iv) use any data associated with the Platform for any commercial purpose; and (v) decompile, reverse-compile, disassemble or attempt to access, construct, inspect or discover any constituent element of the Platform and its content.
- Further, the usage of the material by the User must not be for any illegal purpose and shall at all times be in adherence with applicable laws including those governing data protection, privacy, and intellectual property.

ACCEPTABLE USE

3. You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, root kit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without HappyLocate’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without HappyLocate’s express written consent.

COPYRIGHT COMPLAINTS

HappyLocate and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes infringement of your intellectual property, kindly contact us on legal@HappyLocate.com

SENSITIVE PERSONAL DATA OR INFORMATION:

The sensitive personal data or information as described in the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011, shall be dealt in the manner prescribed under the Rules, the parent Act and the company/body corporate/happylocate.com shall be complying with all future laws, rules, regulations for protecting the sensitive personal data or information.

The payments done by the users/customers through happylocate.com are all processed through a secure server and completed through third party payment gateway provider and happylocate.com does not hold, save, retain any credit card information/passwords/internet banking details and other details used by users/customers for making any payments.

AFFILIATE PROGRAM

- By Agreeing to the following terms and conditions, you are exhibiting the full right over the data that you will be sharing with HappyLocate. You hereby also agree to the fact that you have collected the data from ethical sources and you possess all the rights to its distribution. Such a dataset includes but is not restricted to email IDs, Name and Phone Number.
- In continuation to the above point, You indemnify HappyLocate from all the legal complications that might arise from your actions related to the sharing of data, which might also include but is not limited to legal prosecution.
- HappyLocate Referral Program and Affiliate program are exclusive initiatives launched by HappyLocate Relocation Services Pvt Ltd and shall be collectively referred to Affiliate Program in the terms and conditions.
- By Signing up for Affiliate Program, you agree to the terms and use, privacy policy and answers to FAQ of this website.
- The program is valid for the residents who have a bank account in India only.
- Every account once created goes into an exhaustive verification process to prevent the abuse of the platform. The approval process should not take more than 48 working hours.
- Once a visitor visits the website using a unique link, the visitor is assigned to connected affiliate account for the next 60 days.
- If a user signs up on the site and requests the first relocation within 60 days of visiting the site for the first time, the relocation will permanently be attached to the owner of the affiliate link from which the user initially visited the site.
- Commissions are calculated only on the movement cost, which is the amount paid by the customer excluding insurance and taxes
- Any Relocation with the movement cost less than ₹ 10,000 will be considered as within city relocation for the purpose of payout calculations.
- The payouts will be processed twice a month i.e 23rd and 8th via Bank Account transfer. The calculation of the same and request for its redemption work in the manner mentioned below:
  1. For earnings accrued between 16th to 31st of any month, the redemption request can be made between 1st to 7th of the next month. As soon as this window gets over, the payouts will be processed immediately on the next bank day.
  2. For earnings accrued between 1st to 15th of any month, the redemption request can be made for the same can be made between 16th to22nd of the next month. As soon as this window gets over, the payouts will be processed immediately on the next bank day.
- The minimum withdrawal amount should be ₹1,000. No request withdraw an amount less than that will be entertained.
- A Compulsory fee fixed at 2.5% of the total requested payout or ₹250 (whichever is less) will be deducted from the total payout that you have requested before conducting the bank transfer of it.
- The users should make sure that the account details that they provide are accurate and up to date. Any transaction that remains failed due to unacceptance by the bank shall be chargeable flat ₹99 and is subject to change in the future. In such a case, a fresh payout will only be processed upon your request for the same in the next payout cycle.
- All the promotional material provided by HappyLocate to help a user promote their link is subject to Copyright infringement if it faces tampering, abuse, unauthorised modification and distribution.
- The affiliates are free to use the brand identity in a form that is permissible by us. The guidelines to the same can be found here and should be adhered to responsibly.
- All the users of this affiliate program cannot submit more than 50 leads in a day. The quota of uploading leads will be reset at 12:00 AM of the every day.
- All the current rewards are tentatively valid until 31st December 2023.
- While all the efforts are made to keep the users aware of the changes in details of the program, you accept that as a user, this is your responsibility to keep yourself apprised of the latest changes.
- You agree that all the decisions taken by HappyLocate shall be final and binding

PAYMENT TERMS

While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
- Lack of authorization for any transaction/s, or
- Exceeding the preset limit mutually agreed by You and between “Bank/s”, or
- Any payment issues arising out of the transaction, or
- Decline of transaction for any other reason/s

RESTRICTED ACCESS

HappyLocate reserves the right to restrict access to certain areas of this website, or indeed this entire website, at HappyLocate’s discretion.

If HappyLocate provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

HappyLocate may disable your user ID and password in HappyLocate’s sole discretion without notice or explanation.

HappyLocate Site is not intended for use by children. If you are a minor i.e. under the age of 18 years, you may use the Site and HappyLocate only with involvement of a parent or guardian. HappyLocate and its affiliates reserve the right to refuse service, terminate accounts, or remove or edit content in their sole discretion.

USER CONTENT

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to HappyLocate a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to HappyLocate the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or HappyLocate or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

HappyLocate reserves the right to edit or remove any material submitted to this website, or stored on HappyLocate’s servers, or hosted or published upon this website.

Notwithstanding HappyLocate’s rights under these terms and conditions in relation to user content, HappyLocate does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

NO WARRANTIES

This website is provided “as is” without any representations or warranties, express or implied. HappyLocate makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, HappyLocate does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
- the website will be available free of any viruses or other harmful code or errors. Further, the User agrees that they are using the Platform at their sole risk. HappyLocate should not be liable for damages arising from the use of the Platform, including but not limited to: (i) breakdown/ suspension of the Platform resulting from hacking, (ii) Virus invasion, blocking due to illegal content, government control or other reasons related to network, technique, and security management; (ii) act of a third party or omission or non-performance as a result of a force majeure event; and (iii) threat, defamation, offensive or illegal information caused by User interaction through Services or Platform.

Nothing on this website constitutes, or is meant to constitute, advice of any kind

HappyLocate may modify its Website/ Application from time to time, and provide updates to Application containing bug fixes, new versions of the Application, etc. HappyLocate is however not obligated to support, maintain, update or upgrade the Application and may at any time without notice suspend or terminate the User and disable/ discontinue the Application installed on the User’s device.

LIMITATIONS OF LIABILITY

HappyLocate will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if HappyLocate has been expressly advised of the potential loss.

EXCEPTIONS

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit HappyLocate’s liability in respect of any:
- death or personal injury caused by HappyLocate’s negligence;
- fraud or fraudulent misrepresentation on the part of HappyLocate; or
- matter which it would be illegal or unlawful for HappyLocate to exclude or limit, or to attempt or purport to exclude or limit, its liability.

REASONABLENESS

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

OTHER PARTIES

Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set out in this website disclaimer will protect HappyLocate’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as HappyLocate.

UNENFORCEABLE PROVISIONS

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

INDEMNITY

You hereby indemnify HappyLocate (including its directors, officers, shareholders, and affiliates) and undertake to keep HappyLocate indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by HappyLocate to a third party in settlement of a claim or dispute on the advice of HappyLocate’s legal advisers) incurred or suffered by HappyLocate arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions.

You also indemnify HappyLocate (including its directors, officers, shareholders, and affiliates) any such loss that may occur as a result of violation of applicable laws by the User; and (ii) any fraudulent act by the User.

BREACHES OF THESE TERMS AND CONDITIONS

Without prejudice to HappyLocate’s other rights under these terms and conditions, if you breach these terms and conditions in any way, HappyLocate may take such action as HappyLocate deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

VARIATION

HappyLocate may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

ASSIGNMENT

HappyLocate may transfer, sub-contract or otherwise deal with HappyLocate’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

SEVERABILITY

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

ENTIRE AGREEMENT

These terms and conditions constitute the entire agreement between you and HappyLocate in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

PRIVACY POLICY

1. This policy is effective from the date and time a user registers with HappyLocate by filling up the Registration form and accepting the terms and conditions laid out in the Site Policy. In order to provide a personalised browsing experience, HappyLocate may collect personal information from you. Additionally, some sections of our website(s) may require you to complete a registration form or seek some information from you. When you let us have your preferences, we will be able to deliver or allow you to access the most relevant information that meets your end.

To extend this personalized experience HappyLocate may track the IP address of a user’s computer and save certain information on your system in the form of cookies. A user has the option of accepting or declining the cookies of this website by changing the settings of your browser.
The personal information provided by the users to HappyLocate will not be provided to third parties other than the affiliates or partners required to service the user without previous consent of the user concerned. Information of a general nature may however be revealed to external parties.

Every effort will be made to keep the information provided by users in a safe manner. The information if displayed on the website, it will be done so only after obtaining consent from the users. Any user browsing the site generally is not required to disclose his identity or provide any information about him/her, it is only at the time of registration you will be required to furnish the details in the registration form.

A user always has the option of not providing the information which is not mandatory. You are solely responsible for maintaining confidentiality of the User password and user identification and all activities and transmission performed by the User through his user identification and shall be solely responsible for carrying out any online or off-line transaction involving credit cards / debit cards or such other forms of instruments or documents for making such transactions and HappyLocate assumes no responsibility or liability for their improper use of information relating to such usage of credit cards / debit cards used by the subscriber online / off-line.

You agree that HappyLocate may use personal information about you to improve its marketing and promotional efforts, to analyze site usage, improve the Site’s content and product offerings, and customise the Site’s content, layout, and services. These uses improve the Site and better tailor it to meet your needs, so as to provide you with a smooth, efficient, safe and customised experience while using the Site.

You agree that HappyLocate may use your personal information to contact you and deliver information to you that, in some cases, are targeted to your interests, such as targeted banner advertisements, administrative notices, product offerings, and communications relevant to your use of the Site. By accepting the User Agreement and Privacy Policy, you expressly agree to receive this information. If you do not wish to receive these communications, we encourage you to opt out of the receipt of certain communications in your profile. You may make changes to your profile at any time. It is the belief of HappyLocate that privacy of a person can be best guaranteed by working in conjunction with the Law enforcement authorities.

All the websites of HappyLocate Relocation Services Private Ltd including HappyLocate.com fully comply with all Indian Laws applicable. HappyLocate Relocation Services Private Ltd has always cooperated with all law enforcement inquires. HappyLocate Relocation Services Private Ltd may disclose all or part of your personal details in response to a request from the law enforcement authorities or in a case of bonafide requirement to prevent an imminent breach of the law

LAW AND JURISDICTION

These terms and conditions will be governed by and construed in accordance with the laws of India, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Bangalore.