Terms of Service

TERMS OF SERVICE

(1) ACCEPTANCE OF THE TERMS

These Terms of Service together with our Privacy Policy (collectively the “Terms”) set forth the terms and conditions that govern your access to and use of the services, features, content and applications offered by Giant Tech Labs Pvt. Ltd., a company with its registered office at 840, Chirag Delhi, New Delhi – 110017 (“we”, “our” “us”) through the Shouut mobile applications and websites that link to or reference the Terms (“Service”). By accessing or using the Service, you (“your”, “user”) are agreeing to be legally bound by the Terms. Therefore, please read these Terms of Service and the Privacy Policy very closely before using any part of the Service. If you do not agree to the Terms in their entirety, please refrain from using the Service or any part of it.

(2) MODIFICATIONS OF THE TERMS

We reserve the right to modify the Terms at any time. You understand and agree that your access to, or use of the Service is governed by the Terms as effective at the time of your access to or use of the Service. If we modify the Terms, the modified Terms will be posted on-line and will be effective upon such posting. You understand and agree that your continued access to or use of the Service after the effective date of any modifications indicates your acceptance of the modified Terms. We will indicate, at the top of this page, the date on which the revisions were last made. For instance, the Terms of Use were most recently updated on the date indicated above. You should therefore revisit the Terms on a regular basis as revised versions will be binding on you. If we make changes to the Terms and you continue to use the Service thereafter, you shall be deemed to have agreed to be bound by the modified Terms.

(3) ELIGIBILITY TO USE THE SERVICE

The Service is meant solely for persons who access the Service from the Republic of India.
To access or use the Service or to transact / undertake any action using the Service, you must be 18 years or older and competent to contract as per Indian law.
The right to use the Service is personal to you and is not transferable to any other person.
You may use or access the Service solely for your own personal, non-commercial purposes (unless we agree to register you as a Third Party Merchant), and not for the use or benefit of any third party. Third Party Merchant may use or access the Service solely for the purpose of publishing their Content on the Service or for the purpose of making their Rewards available to users of the Service. You may not use the Service or part thereof except as expressly permitted by the Terms, unless we permit you (in writing) to do so otherwise.
We reserve the right to interrupt, suspend or discontinue the Service or any part thereof at any time without notice. We may also modify, update or change the Service or any part thereof at any time, without notice.
We reserve the right to prevent or stop you from using the Service or any part of thereof at any time for any or no reason.

(4) REGISTRATION

You may browse through the Service without registering with us. However, even if you do not register with us, we may still collect certain information about you. Please refer to our Privacy Policy for further details. However, to use certain features of the Service (e.g. to post a Shouut, ‘like’ another users Shouut, purchase or redeem any Rewards etc.) you will be required to register with us. You can register using your e-mail ID, your Google+ account or your Facebook account. When registering with us, you should provide accurate and complete information about yourself and keep your registration information accurate and up-to-date at all times. For details of the information we collect when you register, access or use the Service, please refer to our Privacy Policy. If you do not agree with the information that we collect about you, how we use this information and how we share this information with others, please do not access or use the Service. You are responsible for maintaining the confidentiality of your passwords and will be responsible for all activities that occur under your account. If you know or suspect that there has been any unauthorized use of your account, you may notify it by writing to us at talktous@shouut.com.
We reserve the right to accept your request for registration at our sole discretion. If we accept your request for registration, we will send you a four digit code (OTA) to the mobile number you provided while seeking to register with us. To activate your account, you have to authenticate yourself by using the OTA. Standard operator charges may apply when you do so.

5 YOUR SUBMISSIONS

You own all content and information that you submit, post on, transmit to, through or in connection with the Service (“your submissions”). Your submissions include any information, messages, posts, ‘Shouuts’, reviews, likes and photos that you post or submit as well as any information you display in your public profile, including your user name and your profile picture.
By submitting, posting or transmitting your submissions to, through or in connection with the Service, you confirm that:
- You understand and agree that your submissions will be associated with your public profile on the Service;
- You own, or have the necessary rights and permissions to make your submissions so available, and to grant us the right to access and use your submissions in accordance with these Terms;
- Any person who accesses or uses the Service is permitted to access and/or use your submissions for their personal and non-commercial purposes in accordance with these Terms;
- That your submissions will not violate any applicable laws or the rights of any third party.
You are solely responsible for your submissions and we shall not be liable for any of your submissions. The Service allows you to transmit and publish your submissions and allows you to access information made available on or through the Service by other users of the Service. We do not control, select, screen, supervise or modify your submissions or the submissions made by other users on or through the service, and therefore, shall not be responsible or liable for your submissions or the submissions made by other users on or through the Service.
We have no control over the accuracy, reliability or completeness of your submissions or the submissions made by others who use the Service and therefore, make no representations or warranties in respect thereof.
We have no obligation to screen your submissions in advance. However, we may refuse to publish or review and delete any of your submissions from the Service at any time, at our sole discretion and without notice to you.
By accepting these Terms, you automatically grant to us, a non-exclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sub-licensable right to copy, reproduce, translate, adapt, store, publish, display, issue copies or communicate and/or use, process or analyse, your submissions, in any way now known or in the future discovered, and to prepare derivative works of, or incorporate into other works, without any further consent, notice and/or compensation to you. You represent and warrant that you have all rights to grant such license to us without violation of any law or any of the rights of any third party.

6 CONTENT

The Service contains text, images, photos, audio, video, location data and all other forms of data or information about third party businesses, sites, locations etc. (“Content”) provided by our partners, service providers and Third Party Merchants of the Service and such Content is protected by copyrights, trademarks, or other proprietary rights and laws, as applicable. Subject to the Terms, you may use this Content, solely for your personal, non-commercial use without violating any third party’s rights. Use of the Content for any non-personal or commercial purposes is expressly prohibited except with our prior written permission.
The display of any Content on the Service does not imply that we endorse or promote any third party’s products, services, views or opinions.

7 USER CONDUCT

In consideration of the license granted to you to access and/or use the Service, you hereby agree that you shall:

Maintain a professional and productive relationship with the other users of the Service;
In the course of accessing/using the Services, you will observe and comply with all instructions, directions and policies as specified by us from time to time;
Be solely responsible for your interactions on the Service. We reserve the right, but do not have the obligation, to monitor your interactions or communications using the Service and may, prohibit or otherwise limit your use of the Service, if we determine (in its sole discretion) that your conduct is unbecoming or that you are in violation of any of the Terms;
be solely responsible to resolve / settle any conflict between yourself and any third party user of the Service, including any business that offers Rewards through the Service;
Access and use the Service only in compliance with all applicable laws, rules or regulations;
Report to us if you become aware of any disorderly, harassing or unprofessional behaviour/ conduct by any user of the Service;
Not use the Service to store or transmit infringing, libelous, or otherwise unlawful or tortuous material, or to store or transmit any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or that violates any third party’s rights of privacy/publicity or infringes or violates the intellectual property rights of any third party;
Not use the Service to store or transmit viruses, worms, time bombs, Trojan horses and/or any other harmful or malicious code, files, scripts, agents or programs;
Not use the Service to send any unsolicited commercial communication or unauthorized advertising, junk mail, or spam;
Update your account details current, complete and accurate;
Not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
Not collect, store or use personal information or data about other users of the Service other than in connection with your permitted use of the Service;
Obtain all licenses and permits which are necessary for posting, uploading or transmitting any of your submissions on or through the Service and agree to defend, indemnify and keep us harmless from any and all loss or damage that we may suffer as a result of, or in connection with, any of your submissions;
remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Service or on any materials published on or through the Service;
Be solely responsible for all information retrieved, stored and/or transmitted through the Service;
Not access or use the Service for any other purpose other than as expressly permitted, including engaging or providing services of the same or similar nature, for yourself or for the benefit of any third party;
Be solely responsible for protecting the information on your device including but not limited to installing appropriate anti-virus software etc;
Assume all risks associated with dealing with other users of the Service (including third party businesses that offer Rewards) with whom you come in to contact with through the Service; and
Not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any services, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
Not use the Service in order to host, display, upload, modify, publish, transmit, update, distribute, share, store or destroy any data, information or content:

In violation of any applicable law or regulation;
In a manner that will infringe the copyright, trademark, trade secret or other intellectual property or proprietary rights of others or violate the privacy, publicity or other personal rights of others;
Harm minors in any way;
Deceives or misleads other users about the origin of such message or communicates any information which is grossly offensive or menacing in nature;
Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Service;
Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states or of public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or insulting any other nation;
To gain unauthorized access or exceeds the scope of authorized access to the Service solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or
Interferes with another user's use and enjoyment of the Service.

You shall not use any other automatic device, program, algorithm or methodology, or any or equivalent manual process, to access, acquire, copy or monitor any portion of the Service, to obtain or attempt to obtain any materials, data or information through any means not purposely made available through the Service.

You shall not take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our systems and infrastructure or otherwise make excessive traffic demands of the Service;

You shall not attempt to decipher, decompile, disassemble or reverse engineer any of the software, scripts etc. comprising or in any way making up a part of the Service.

You agree not to access (or attempt to access) the Service by any means other than the interface that is provided by us, unless you have been specifically allowed to do so, by way of a separate agreement with us. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) unless you have been specifically allowed to do so.

You agree that you will not engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service). You shall not delete or revise any material or information posted by any other user(s), shall not engage in spamming, including but not limited to any form of emailing, posting or messaging that is unsolicited.

8 REWARDS

The ‘GET’ feature on the Service allows you to purchase or avail goods, services or redeem or claim special offers offered by third party merchants who partner with us (“Third Party Merchants”). By registering with us, you agree to receive communication about Rewards through (i) push notifications based on your searches, (ii) beacons installed at the stores near your locations, (iii) based on the geo-fencing available at third party merchant outlets you are following when you are in the proximity of these outlets, or (iv) through any new mobile technology that may become available for data transfer.
All Rewards are offered by the relevant Third Party Merchants and not by us. Rewards shall be subject to these Terms and the specific terms and conditions as specified by the relevant Third Party Merchant. Therefore, please read the terms and conditions of each Reward and confirm that the same are acceptable to you before you purchase, avail of or redeem any Reward. When you choose to purchase, avail of or redeem a Reward, the transaction is between you and the relevant Third Party Merchant and we are merely a third party intermediary in the said transaction and merely facilitates the said transaction between you and the relevant Third Party Merchant. If you are a Third Party Merchant you are solely responsible for the Rewards you offer through the Service, all related terms and conditions related thereto, for compliance of all laws in respect thereof and for any disputes / grievance arising or resulting therefrom and we shall not be responsible or liable to any user, whether a Third Party Merchant or the user purchasing, claiming or redeeming any Reward.
We provide the facility that allows payment for Rewards through a third-party payment processor. The processing of payments in connection with the mode of payment you select will be subject to the terms, conditions and privacy policies of the third party payment processor and your bank / card issuer in addition to these Terms. We are not responsible for any error that occurs during any purchase, sale or redemption of a Reward, including any error by the third- party payment processor. We may collect payments received through the third-party payment gateway on behalf of Third Party Merchant’s and will pass on the same to the relevant Third Party Merchant after deducting any charges payable to us as agreed between us and the relevant Third Party Merchant. However, this collection facility does not alter or change the nature of the transaction with respect to the Rewards and the said transaction will continue to be between you and the relevant Third Party Merchant.

9 PRIVACY POLICY

Our Privacy Policy available here describes our policies on the personally identifiable and other information about you that we may collect when you access or use the Service, how we use this information and who we may share such information with. Our Privacy Policy is deemed a part of these Terms and you hereby represent that you have read, understood and agree to our Privacy Policy.

10 THIRD PARTY LINKS

The Service includes hyperlinks to third party websites/applications, which are outside of our control. If you click on one of these links you will leave the Service and will be accessing the third party’s site/application. We do not verify, monitor or endorse these third party websites/applications or the products/services that are available, advertised or sold through these third party websites/applications and do not accept any responsibility or liability for the authenticity, reliability, accuracy of the information therein or any loss or damage that you may incur by your visit, transactions or activities on these third party websites/applications. You agree that you access any such third party websites/applications at your own risk and shall solely bear all consequences associated with your access to and use of such third party websites/applications. Such third party websites/applications may have separate terms and conditions and privacy policies and which are independent of Shouut and therefore, please read such third party terms before you access any such third party website/application.

11 WARRANTY DISCLAIMER

WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, NON-INFRINGEMENT, DATA ACCURACY AND COMPLETENESS. WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

12 LIMITATION OF LIABILITY

IN NO EVENT WILL WE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS, REVENUES, DATA OR ANTICIPATED SAVINGS, PRODUCT LIABILITY, CONSUMER PROTECTION OR INTELLECTUAL PROPERTY CLAIMS, BUSINESS INTERRUPTION, WHATEVER AND HOWEVER CAUSED, WHETHER ARISING UNDER STATUTE, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT WE HAS BEEN ADVISED OF THE POSSIBILITY OF THE SAME ARISING.

13 INDEMNITY

You agree to defend, indemnify and hold us and our directors, officers, employees and representatives harmless from all loss, claim, suit, damage, costs and expenses (including but not limited to reasonable attorney fees) suffered by any of them as a result of any breach of these Terms by you, including, without limitation, the submission of any data, content or material that violates any third party right or any applicable law; your access to and use of the services and your violation of any rights of any third party. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

TERMINATION

These Terms shall be binding from the time you click and accept these Terms or access or use the Service or any part thereof or register with us, whichever is earlier and shall continue to be binding for as long as you access or use the Service or any part thereof.
You may terminate your registration with us at any time by deleting the application from your device and not using it for a period of thirty (30) days.
We may terminate your registration with us with immediate effect without any notice in the event that you are in breach of these Terms.
Upon termination of your registration with us, your right and license to access and/or use the Service immediately ceases; your registration will be deactivated and you will no longer be able to use the features of the Service that require registration and your personal information will be dealt with in accordance with our Privacy Policy. However, terms contained here or in the Privacy Policy that by their very nature or by express statement are intended to continue thereafter (including our license to your submissions), will continue to be binding.

15 ARBITRATION, GOVERNING LAW AND JURISDICTION

These Terms, its validity, its interpretation and performance shall, in all respects, be governed by and construed in all respects in accordance with the laws of India.
You agree that any dispute between us arising out of or in connection with these Terms (including any question regarding its validity or termination) shall be submitted to the exclusive jurisdiction of the competent courts located in New Delhi, India to the exclusion of any other court that may otherwise have had such jurisdiction in the matter.

MISCELLANEOUS

Notice: Notices to us shall be made via e-mail to talktous@shouut.com or by mail to Second Floor, 840 Chirag Delhi, New Dekhi – 110017. All notices to you shall be made via the Service / e-mail to the e-mail address you provide us. It is your responsibility to intimate us of any change in your email address or other contact information. You hereby consent to receive communications via your email address and other contact details.
Assignment: The license granted to you by these Terms is personal to you and you shall not assign or transfer any of your rights or obligations without our prior written consent.
Waiver: No failure or delay on the part of any party in exercising any right or remedy hereunder shall operate as a waiver thereof. Any waiver (express or implied) by either party of any default or breach of these Terms shall not constitute a waiver of any other or subsequent default or breach.
Severability: If any of these Terms are held to be invalid, illegal or otherwise unenforceable by a Court, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and if no feasible interpretation will save such provision, it shall be severed from these Terms and the remaining provisions remain in full force and effect.
Communication: When you use the Service and provide any information on or through the Service; or when you click any of the buttons made available through the Service; or when you send an e-mail or other electronic communication to us, you are communicating with us through electronic records. You hereby consent that such electronic records, whether sent by you or automatically generated when you click on any of the buttons available through the Service, shall be deemed to be communications sent in writing by you.
Entire Agreement: These Terms together with the Privacy Policy constitutes the entire agreement between us regarding the Service and your access or use of the Service and supersedes all prior agreements (if any) regarding the subject matter hereof.
Grievance Officer: If you have any concern, complaint or grievance with respect to any of content/information/data on the Service, please contact us through the email option on grievance@shouut.com and we will study the matter and take such action as we deem appropriate under the circumstances.
Injunctive Relief: You acknowledge that the breach of these Terms shall result in grave and irreparable loss and injury to us, for which monetary damages alone will not provide adequate relief. Therefore, in addition to the right to seek appropriate monetary damages under law, we shall be entitled to obtain injunctive relief (including but not limited to a temporary restraining order) to prohibit the continuing breach of these Terms.