This ToU applies to (i) all visitors and users of our Website; and (ii) all users of, Mobile Applications; and (iii) the authorized individuals that are using the Account, and Service, on behalf of our users. All references to “You” or “Your” include: (i) visitors and users of our Website, (ii) the users of our Mobile Applications; and (iii) the authorized individuals that are using the Account, and Service, on behalf of our users. Unless the Website and Mobile Applications are separately referred to in these Terms, all references herein to the “ChatLocaly” shall include both the Website and the Mobile Applications.
A. “ChatLocaly Services” includes the following intermediary services provided by us: (i) Listing and/or posting of Seller(s) and their Products/Services. (ii) Enable search facilities for finding Sellers/Products/Services. (iii) Enable chat facilities between Buyers and Sellers.
B. “ChatLocaly”, “we”, “us” or “our” means Chatlocaly Pvt. Ltd.; ChatLocaly.com and ChatLocaly Mobile Applications.
C. “User(s)” mean [including Buyer(s) and Seller(s)]: (i) visitors and users of our Website, (ii) the users of our Mobile Applications; and (iii) the authorized individuals that are using the Account, and Service, on behalf of our users.
D. “Seller(s)” means user(s) registered on ‘’ChatLocaly Business’’ Application.
E. “Buyer(s)” means user(s) registered on ‘’ChatLocaly’’ Application.
2. Acceptance of Agreement
A. By visiting our website, downloading, accessing or using ChatLocaly Mobile Applications, you accept and agree to be bound by and comply with these ToU including any modifications from time to time without prior notice to you. These ToU constitute a legal contract between you and the Company.
B. Use of the ChatLocaly is available only to persons who can enter into legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the ChatLocaly. You must be at least 18 years of age to use or access ChatLocaly.
C. The Company reserves the right to deny ChatLocaly Services to you without assigning any reason.
3. Account and Responsibility
A. In order to use the Service, you must create an Account. If you create an account then you represent and warrant that you have the capacity and authority to enter into this contract and abide by these ToU. We have relied on your promise and may deny or suspend or cancel ChatLocaly Services if you have: (i) Impersonated any person, (ii) Made false statements, or (iii) Violated these ToU.
B. We reserve the right in our sole discretion to refuse the creation of the Account.
Membership on ChatLocaly is free for buyers. we do not charge any fee/payment for browsing and buying on ChatLocaly. ChatLocaly reserves the right to change its Policy from time to time. In particular, ChatLocaly may at its sole discretion introduce new services and modify some or all of the existing services offered. In such an event we reserve the right to introduce fees/payments for the new services offered or amend/introduce fees/payments for existing services, as the case may be. Changes to the Policy shall be incorporated in ToU and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees/payments shall be quoted in Indian Rupees. You shall be solely responsible for compliance with all applicable laws amended time to time including those in India for making payments to ChatLocaly.
5. Use of Your Device by ChatLocaly
A. In order to provide ChatLocaly services to you, we may require access to and/or use of your device(s) (e.g. mobile phone, tablet, computer, or any other remote device) on which you use ChatLocaly. You agree to give us such access to and use of your device.
B. You understand and agree that if you do not provide us with such right to use or access, we may not be able to provide ChatLocaly services to you.
D. You will need an adequate internet connection in order to authenticate your ChatLocaly account or use ChatLocaly services. You may also be required to activate certain functionalities within ChatLocaly in the manner described within ChatLocaly. You may not be able to use certain functionalities within ChatLocaly if you do not comply with such requirements.
E. Please note that we are not responsible for any Third Party charges you may incur (including any charges from your internet and telecommunication services providers) in relation to or arising from your use of ChatLocaly.
6. Third Party Software
A. In order to provide ChatLocaly services to you we may use "Third Party Content and Services" (including software, plug-ins, tools, codecs, data, API’s and Content within such software) for use in connection with, or incorporated within, ChatLocaly ("Third Party Software"), including your use of such Third Party Software.
B. Please note that we are not responsible for and we do not endorse, support or guarantee the quality, reliability or suitability of any such Third Party Software. Any reliance on or use of such Third Party Software is at your own risk.
C. By using ChatLocaly, you agree to comply with any additional terms and conditions applicable to any Third Party Software. We do not provide any kind of support for any Third Party Software and also, bear in mind that disclosing any “Third Party Software” is against our policy.
A. To place an order to the seller(s), the buyer(s) shall chat with the seller(s) and provide all required details of the order.
B. Buyer(s) understand that by providing the details of the order, buyer authorize seller(s) to complete the order as a binding contract for goods/products or services that shall be accepted by the seller(s) without any modification.
C. Seller(s) will then check, if they can fulfil the order as per the details provided and on their acceptance of buyer’s order seller(s) will send unpaid bill to the buyer(s). Once the unpaid bill is sent to the buyer(s), order stands confirmed from seller’s end.
D. Buyer’s order constitutes a separate contract between buyer and seller based on the terms and conditions of the seller.
(I) Payment To Sellers
A. All the prices listed by the seller(s) are indicative & tentative of prices charged by the seller(s). Buyer(s) are advised to confirm the actual prices charged by the seller before making payment. We shall not be responsible for any discrepancy between prices listed and actual price charged by the seller(s).
B. Payment towards goods/products or services has to be made either through online channels facilitated by the seller or at the time of delivery in cash or through online channels directly to the seller(s).
C. Buyer(s) must send the Confirmation ID to the seller for getting the paid bill from the seller, once buyer(s) receive the products and/or services.
D. The seller should enter the Confirmation ID which they received from the buyer on unpaid bills to change the status of the unpaid bill to paid, only after they receive the payment (for the products and/or services provided) from the buyer(s).
(II) Payment To ChatLocaly
A. Payment towards subscription plan/membership has to be paid by the seller(s) in advance to ChatLocaly.
B. We have tied up with RBI registered payment aggregators, who have provided payment gateways on ChatLocaly. On seller(s) part, the seller should ensure that seller use a secured connection to transact on ChatLocaly.
C. Seller(s) are responsible for the security of their payment instruments such as debit cards, credit cards, net banking, and wallets etc. and should take all steps for ensuring that the payment instruments are not issued or shared with any other person. We will not be responsible for any payment instruments authenticated or charged using the payment gateway on ChatLocaly if such payment instruments were used by an unauthorized person and payment thereby has been authenticated by their bank or wallet provider or card association.
D. In case of transaction failures during online payments, seller’s transaction will be cancelled as per cancellation terms of Third Party (Payment Aggregator). However, if the transaction is not cancellable, they will still be responsible for payment of the transaction. In such cases, auto system generated report shall be sent to you about the status of the transaction and requirement for payment.
A. Delivery of the products and/or services are subject to the policies of the seller(s). ChatLocaly will not be responsible for the delivery of the products and/or services.
B. Buyer’s order will be delivered to the buyer within the time specified by the seller(s). Delivery is done by the seller or its agents. It is the responsibility of the seller(s) to deliver the order in a timely manner.
C. If the order is not delivered to the buyer within the agreed time, the buyer shall contact the seller. Seller(s) may arrange for an alternative solution or cancellation of the order, as the case may be, in accordance with the terms and conditions of the seller.
D. We will not be liable for losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
E. We will not be responsible for wrong, partial delivery or delayed delivery. Buyer(s) understand that all warranties, guarantees and quality associated with the products and/or services are subject to the policies of the seller(s). The issue(s) must be settled directly with the seller(s).
If the buyer(s) are not happy with the product they received, they may return the product subject to the return policy and as per procedure laid down by the seller(s). ChatLocaly will not be liable for any decision taken by the seller(s) for returns.
11. Refund Policy
(I) Refund by Sellers
A. Buyer(s) have to assure the seller(s) that the product is unopened or unused and that none of the price tags or other labels are tampered or removed from the good.
B. Seller(s) may initiate refunds only after inspection of the returned good and after confirming that the product is unopened and unused, and the package is not tampered with.
C. All refunds are subject to the contract between buyer(s) and seller(s). We are not liable for any refunds or disputes regarding refund of payments made to the buyer(s) towards products and/or services listed on ChatLocaly.
(II) Refund by ChatLocaly
A. As far as refunds are concerned, we do not offer a refund for any subscription plan/membership. Please use this promo code “JOINNOW” to get a free premium plan for 3 months. We want sellers to be fully satisfied with our services before making payment for any subscription plan. ChatLocaly reserves the right to suspend, terminate, or refuse service to anyone at any time for any reason.
B. Seller(s) can cancel the subscription plan/membership at any time, including a recurring subscription plan/membership through business login option on our website. However, no refund will be made by ChatLocaly for cancelled subscription(s) plan/membership.
12. Promotions and Offers.
A. All the promotions and offers listed by the seller(s) in ChatLocaly ("Seller Promotions") will be subject to the terms and conditions of the seller(s).
B. You should check the terms and conditions of the seller(s) before participating in any Seller Promotions.
C. By participating in any Seller Promotions, you are indicating that you accept and agree to be bound by the terms and conditions of the seller(s).
B. We understand the importance of security of your personally identifiable information, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
14. Your Representations
A. You will use our Services for your personal, non-commercial use only and that you will not resell, deep-link, use, copy, monitor, display, analyze, store, download, reproduce or in any way, transmit Content or information, software, products or services available on ChatLocaly for any commercial or competitive activity or purpose.
B. You authorize us to take any action we deem appropriate including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third-parties and disclosing any information necessary or appropriate to such persons or entities relating to your registration data, usage history, posted materials, IP addresses and traffic information etc.
C. You will use our Services lawfully and for lawful purposes only.
15. Posted Content
(I) All text, graphics, notes, messages, emails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files, trademarks, logos, sounds, music, artwork, other materials or information (collectively, "Content") posted by Buyer, Seller or ChatLocaly user(s), is a third party user generated Content and ChatLocaly has no control over such third party user generated Content as ChatLocaly is merely an intermediary for the purposes of this ToU.
(II) The Content contributed or posted is the sole responsibility of the user who has provided the Content. ChatLocaly is not responsible for the accuracy, propriety, lawfulness or truthfulness of any Third Party Content, and shall not be liable to any user(s) in connection with his/her reliance on such Third Party Content. In addition, ChatLocaly is not responsible for the conduct of user(s) activities on ChatLocaly, and shall not be liable to any person in connection with any damage suffered by any person as a result of any such user's conduct. Neither ChatLocaly nor any of its affiliates, directors, officers or employees has entered into sale agency relationship with such third party by virtue of our display of the Third Party Content on ChatLocaly.
(III) User(s) solely represent, warrant and agree to:
A. Provide ChatLocaly with true, accurate, current and complete information to be displayed on ChatLocaly and
B. Maintain and promptly amend all information to keep it true, accurate, current and complete.
(IV) User(s) hereby grants an irrevocable, perpetual, worldwide, royalty-free and sub-licensable (through multiple tiers) license to ChatLocaly to display and use all information provided by them in accordance with the purposes set forth in ToU. ChatLocaly can exercise the copyright, publicity, and database rights you have in such material or information, in any form of media, third-party copyrights, trademarks, trade secret rights, patents and other personal or proprietary rights affecting or relating to material or information displayed on ChatLocaly, including but not limited to rights of personality and rights of privacy, or affecting or relating to products that are offered or displayed on ChatLocaly (hereafter referred to as "Third Party Rights").
(V) User(s) hereby represent, warrants and agree that user(s) shall be solely responsible for ensuring that any material or information you post on ChatLocaly or provide to ChatLocaly or authorize the ChatLocaly to display, does not, and that the products and/or services represented thereby do not, violate any Third Party Rights, or is posted with the permission of the owner(s) of such rights. User(s) hereby represent, warrant and agree that they have the right to manufacture, offer, sell, import and distribute the products and/or services offered and displayed on ChatLocaly, and that such manufacture, offer, sale, importation and/or distribution of those products and/or services violates no Third Party Rights.
(VI) User(s) hereby represent, warrant and agree that information submitted to ChatLocaly for display on ChatLocaly will not:
A. Contain fraudulent information or make fraudulent offers of products or involve the sale or attempted sale of counterfeit or stolen products or products whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities;
B. Be part of a scheme to defraud other User(s) of ChatLocaly or for any other unlawful purpose;
c. Relate to the sale of products or services that infringe or otherwise abet or encourage the infringement or violation of any third party's copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity or privacy, or any other Third Party Rights;
D. Violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
E. Be defamatory, offensive, libellous, unlawfully threatening or unlawfully harassing;
F. Be obscene or contain or infer any pornography or sex-related merchandising or any other Content or otherwise promotes sexually explicit materials or is otherwise harmful to minors;
G. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
H. Contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation;
I. Solicit business from any User(s) in connection with a commercial activity that competes with ChatLocaly;
J. Contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
K. Link directly or indirectly to or include descriptions of products and/or services that are prohibited under the prevailing law; or
L. Otherwise, create any liability for ChatLocaly or its affiliates.
(VII) ChatLocaly reserves the right in its sole discretion to remove any material/Content/photos/offers displayed on ChatLocaly which it reasonably believes is unlawful, could subject ChatLocaly to liability, violates the terms and conditions and/or ToU or is otherwise found inappropriate in ChatLocaly's opinion.
(VIII) In connection with any of the foregoing, ChatLocaly may suspend or terminate/block the Account of any User as ChatLocaly deems appropriate in its sole discretion. User(s) agree that ChatLocaly shall have no liability to any User(s), including no liability for consequential or any other damages, in the event ChatLocaly takes any of the actions mentioned in this ToU, and that you agree to bear the risk that ChatLocaly may take such actions. ChatLocaly acts as a Content integrator and is not responsible for the information provided by the user(s) to be displayed on ChatLocaly. ChatLocaly do not have any role in developing the Content.
16. Objectionable Content
All text, graphics, notes, messages, emails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files, trademarks, logos, sounds, music, artwork, other materials or information posted by Buyer, Seller or ChatLocaly user(s) is collectively termed as "Content". You understand that by using ChatLocaly or any services provided on ChatLocaly, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use ChatLocaly and any service at your sole risk and that to the fullest extent permitted under applicable law, ChatLocaly and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.
17. Profanity and Threat Policy
(I) ChatLocaly prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area and in any communication made between users on ChatLocaly; or email communication.
(II) This policy extends to text within listing of products and/or services on ChatLocaly, on Content and all other areas of ChatLocaly that another user may view. If the profane words are part of a listing of product/service displayed on ChatLocaly.
(III) Buyer(s) can report any violations of this policy for review by using report/flag icon present on the listing of products and/or services on ChatLocaly:
A. Report offensive display names or any other offensive description.
B. Report offensive language in a listing or otherwise.
(IV) Private communication, including email correspondence and chat communication and/or messages, is not regulated by ChatLocaly. ChatLocaly encourages its Users to be professional, courteous, respectful and law-abiding when communicating. ChatLocaly policy prohibits user-to-user threats of physical harm via any method including, phone, email, and Chat. ChatLocaly Users are not allowed to send spam messages to other Users. Violations of this policy may result in the indefinite suspension or blocking of a User's account, temporary suspension or blocking, or a formal warning.
18. Email Abuse
(I) Types of unwanted emails that violate ChatLocaly policies include:
A. Threats of Bodily Harm – ChatLocaly does not permit Users to send explicit threats of bodily harm.
B. Spoof (Fake) email - ChatLocaly will never ask you to provide sensitive information through email. In case you receive any spoof (fake) email, you are requested to report the same to ChatLocaly by writing to us at [email protected]
C. Spam (Unsolicited Commercial email) - ChatLocaly's policy applies only to unsolicited commercial messages sent by ChatLocaly Users. ChatLocaly Users are not allowed to send spam messages to other Users.
(II) Violations of this policy may result in the indefinite suspension or blocking of a User's account, temporary suspension or blocking, or a formal warning.
19. Intellectual Property Rights
The ChatLocaly Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the “ChatLocaly Content”), and all Intellectual Property Rights related thereto, are the exclusive property of ChatLocaly and its licensors. The logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music and all Intellectual Property Rights related thereto of the respective Sellers are subject to such Sellers’ IP right declarations. Except as explicitly provided herein, nothing in this ToU shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any ChatLocaly Content. Use of the ChatLocaly Content for any purpose not expressly permitted by this ToU is strictly prohibited.
20. IPR Infringement
A. ChatLocaly respects third party Intellectual Property rights and actively supports protection of all third party Intellectual Property Rights (“IPR”). If you notice that any Intellectual Property right has been violated by any of our sellers and/or users. We will require that the Intellectual Property right owner or authorized agent provide all the supporting details within a week’s time by emailing us at [email protected]
B. ChatLocaly shall take appropriate action subject to verification of the details provided by Intellectual Property right owner or authorized agent and the nature of the complaint.
A. ChatLocaly Services are provided on an “as is” and “as available” basis. Use of the service is at your own risk. To the maximum extent permitted by applicable law, the service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of Merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from us or through the service will create any warranty not expressly stated herein. Without limiting the foregoing, We, Our subsidiaries, Our affiliates, and Our licensors do not warrant that the Content is accurate, reliable or correct; that the service will meet your requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; that any requests will be met satisfactorily or at all; or that the service is free of viruses or other harmful components. Any Content downloaded or otherwise obtained through the use of the service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the service.
B. We neither guarantee the suitability, safety, and ability of any user(s), nor that any such user(s) will meet your requirements or expectations. We do not warrant, endorse, guarantee, or assume responsibility for any product and/or service advertised or offered by a user(s) through ChatLocaly. Each user(s) remains responsible at all times for the accuracy, completeness and correctness of the information on ChatLocaly. Also, the user(s) remains responsible at all times for quality, quantity, delivery, payment and billing of products/services on ChatLocaly. ChatLocaly does not constitute and should not be regarded as an endorsement or recommendation of the quality, service level, qualification or rating of any user(s).
22. Limitations of Liability
A. To the maximum extent permitted by applicable law, in no event shall the Company, its affiliates, agents, directors, employees, suppliers or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, Our service. Under no circumstances will the Company be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the service or your account or the information contained therein.
B. To the maximum extent permitted by applicable law, the Company assumes no liability or responsibility for any (i) delay, failure, interruption, or corruption of any data or other information transmitted in connection with your use of ChatLocaly, which is beyond our control; (ii) errors, mistakes, or inaccuracies of requests or Content; (iii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of ChatLocaly; (iv) any unauthorized access to or use of our servers and/or any and all personal information stored therein; (v) any interruption or cessation of transmission to or from the ChatLocaly; (vi) any bugs, viruses, trojan horses, or the like that may be transmitted to or through ChatLocaly by any User(s)/Third Party; (vii) any errors or omissions in any requests or Content or for any loss or damage incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available through ChatLocaly, under any legal theory including, contract or promissory estoppel or equity; (viii) the defamatory, offensive, or illegal conduct of any User(s)/Third Party; and/or (ix) any transaction or relationship between you and any User(s)/Third Party.
23. Term and Termination
These ToU are effective until terminated by ChatLocaly. We, in our sole discretion, have the right to terminate these ToU and/or discontinue your access to ChatLocaly, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). We shall not be liable to Buyers or any Seller for termination of the ChatLocaly Service, or any part thereof. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Services in any way, your only recourse is to immediately discontinue use of the Services. Upon termination of these ToU, you shall cease all use of the Services.
These ToU, and any rights and licenses granted hereunder may not be transferred or assigned by you but may be assigned by the Company without restriction or notification to you.
The Company does not warrant, insure, guarantee or recommend any of the Sellers and/or Buyers. Disputes about products and/or services should be resolved with Sellers and/or Buyers directly. We may, however, in our discretion attempt to resolve any dispute between Buyer and/or Seller.
You agree to indemnify, defend and hold the Company, its successors, assigns and licensors, franchisees or sub-franchisees, any of their respective officers, directors, employees, agents, vendors, licensors, representatives, advertisers, service providers and Sellers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys’ fees), resulting from any breach or violation of ToU by you, or due to your activities related to the ChatLocaly Services.
In the event a dispute arises between you and ChatLocaly as per these Terms, the parties shall attempt to amicably resolve the dispute through mutual discussions. Where the dispute is not resolved for a period of 90 days from the date of the dispute, either party can, upon giving a written notice to the other party, declare its intention to initiate arbitration proceedings. The arbitration will be conducted in English in accordance with the rules prescribed under the Arbitration and Conciliation Act, 1996. The venue for the arbitration shall be Jaipur. The arbitration shall be conducted by a sole arbitrator appointed by ChatLocaly. The award of the arbitrator shall be final and binding on the parties. Each party shall bear its own cost of arbitration.
28. Governing Law
These ToU are governed by, construed and enforced in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Jaipur.
29. Force majeure
Without limiting the foregoing, under no circumstances shall the Company be held liable for any damage or loss due to deficiency in performance of the ChatLocaly Services resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures.
30. We are Just a Venue/Platform
A. ChatLocaly just acts as a venue/platform for our Buyers and Sellers to negotiate/interact for buying, selling and other business services by way of locating businesses to trade with, through our mobile applications.
B. We do not take part in the actual transaction that takes place between the Buyers and Sellers and hence are not a party to any sale or contract for sale negotiated between Buyers and Sellers. All transactions will be the responsibility of the Buyers and Sellers only. This agreement shall not be deemed to create any partnership, joint venture, or other joint business relationship between ChatLocaly and Buyers/Sellers.
31. Entire Agreement
B. We may revise these ToU from time to time; the current version will always be available on our website (www.chatlocaly.com). You are requested to timely check the current version. By continuing to access or use ChatLocaly Services after those revisions become effective, you agree to be bound by the current version of ToU.
Effective: May 1, 2018