Boosting- Boosting refers to the act of placing advertisements on our platform, undertaken by a third party service provider/brand partner/vendor.
Content- The Service contains inter alia text, images, photos, audio, video, location data and all other forms of data or information about third party partners, brands, businesses, locations, events or offers etc. (''Content'').
Flash Sale Terms and Conditions- Flash Sale Terms and Conditions are the Terms and Conditions contained in each Flash Sale, which may vary from one Third Party Service Provider to another;
Parties- ''You'' and ''Your'' refer to a User of the Services offered by Shouut. ''We'', ''Us'', ''Our'' refer to Shouut, i.e. the Service. A User can be classified into two categories:
(a) A person who does not subscribe to the Service, i.e. an Unregistered User; and
(b) A person who subscribes to the Service, i.e. A person who creates a User Account with Shouut, i.e. a Registered User; Use of the expression ''User'' shall include both categories of Users, and reference to a category of User shall be made specifically.
Third Party Service Providers- Third Party Service Providers shall include but not be limited to the following entities:
(a) Brand Partners;
(b) Retail Partners; and
(c) Event/Experience Partners;
Terms- The expression ''Terms'' shall include the following:
(a) Terms and Conditions of Service, which may be amended from time to time; and
(b) Privacy Policy, which may be amended from time to time.
Wi-Fi Hub - Wi-Fi Hub refers to a kiosk installed within the premises of a commercial outlet or in the vicinity of a commercial outlet, which shall enable Users to acquired limited quantities of broadband data.
Voucher- A Voucher refers to a service, which offers the User of the Service, limited/small packets of broadband data for consideration. A User may procure a Voucher by visiting the Shouut Application.
These Terms of Service together with our Privacy Policy applicable to specific areas of the Service or to particular content or transactions that govern your use of those areas, and content or transactions that may be applicable for specified purposes, 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 incorporated in India and with its registered office at 840, Second Floor, Chirag Delhi, New Delhi- 110017 through the Shouut mobile applications, websites, blogs, email or other electronic communication that link to or reference the Terms (''Service''). By accessing or using the Service, You are agreeing to be legally bound by the Terms. Therefore, please read and understand these Terms of Service, the Privacy Policy and any applicable additional terms and conditions before using the Service or any part thereof. If you do not agree to the Terms and Conditions in their entirety, please refrain from using the Service or any part thereof.
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 applicable at the time of your access to or use of the Service. If we modify the Terms, the modified Terms will be posted on our Website and will assume operation upon such posting. We shall endeavor to post the modified Terms on our Website, within a reasonable time period from the date of said modification. Additionally, Our Website shall periodically mention the date on which these Terms were last revised. You understand and agree that your continued access to or use of the Service after the effective date of any modification(s) indicates your acceptance of the modified Terms. You should, therefore, regularly examine the Terms, as amended versions of the Terms 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.
The Service is exclusively accessible to persons present within the geographical boundaries of the Republic of India.
To access or use the Service or to transact/undertake any action using the Service, you must be 18 years of age 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, by subscribing to our Service are deemed to have read and understood the Terms and therefore, You shall be held responsible for any unauthorized assignment or transfer of the right to use our Service.
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 partner subject to the Terms), and not for the use or benefit of any third party. Third party partners may use or access the Service subject to the Terms. You may not use the Service or any part thereof except as expressly permitted by the Terms, unless we permit you (in writing) to do so.
We reserve the right to interrupt, suspend or discontinue the Service or any part thereof at any time without notice to You. We may also modify, update or change the Service or any part thereof at any time, without notice to You.
We reserve the right to prevent You from using the Service or any part thereof at any time for any or no reason.
You may browse through the Service without creating an Account with us. However, even if you do not create an Account, 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 user's Shouut, purchase or redeem any Rewards, list your project etc.) you will be required to create an Account.
You can register using your e-mail ID, your Google+ account or your Facebook account. When registering with us, you should provide current, accurate and complete information about yourself and keep your registration information up-to-date at all times. For details of the information we collect when You access or use the Service, please refer to our Privacy Policy. Depending on the purpose for which you register with us, the information we collect from you may vary- For example, if you are registering as a third party partner, we may collect additional information from you that is not required from regular users of our Service. 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 learn or suspect that there has been any unauthorized use of your account, you may write to us at talktous@shouut.com.
We reserve the right to accept your request for registration. If we accept your request for registration, we may send you a four-digit code (OTA) to the mobile number that you provided while registering with us. If we do so, to activate your account, you have to authenticate yourself by using the OTA. Standard operator charges may apply when you do so.
Content provided by service providers and third party partners of the Service 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.
If you are a third party service provider or brand partner providing the Content, you are solely responsible to ensure that you have all necessary rights, licenses and permissions, necessary to grant us the license to use the Content in accordance with these Terms.
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.
You are solely responsible for any offers for goods or services and for any advertisements for goods or services that you make through the Service and any transactions between you and any User pursuant to the same. You should ensure that all your offers or advertisements through the Service are strictly in accordance with applicable laws for the time being in force.
If a Third Party Service Provider/Brand Partner desires to advertise on the Service's platform, they may select one or all of the following methods of advertising-
(a) Boosting by direct access to our App- Following the creation of a User Account, a User/Subscriber may encounter or come across various advertisements, placed by Third Party Service Providers or Brand Partners on our platform. A Third Party Service Provider or Brand Partner is entitled to place or feature their advertisements on our platform, for Users/Subscribers who directly access our App, without connecting to a Wi-Fi network. The concerned Third Party Service Provider or Brand Partner may supply or make available their advertisements to a User on the basis of a User's location, age, gender, browsing pattern, browser history, etc. As delineated in our Privacy Policy, we collect information relating to the aforementioned categories after a User Account has been created; and/or
(b) Boosting through Hotspot Connection- Our Services can be accessed through a Hotspot Connection or a Wi-Fi network. For a Third Party Service Provider or Brand Partner to advertise to a potential User/Subscriber, a User/Subscriber must have created a User Account. As soon as a potential User/Subscriber connects to a Wi-Fi network or accesses a Hotspot connection, he/she may encounter advertisements provided by Third Party Service Providers or Brand Partners. The concerned Third Party Service Provider or Brand Partner may supply or make available their advertisements to a User on the basis of a User connecting to a Wi-Fi network or Hotspot connection.
If a Third Party Service Provider or Brand Partner agrees to advertise, utilizing one or both of the methods enunciated in the preceding paragraph, they may do so subject to the following covenants-
(a) Usage of specified number of impressions- Third Party Service Providers or Brand Partners may advertise their products or services on our platform, by furnishing a specified or pre-decided number of ''impressions'', within an undefined period. The expression ''impression'' means the advertising content or material made available by a Third Party Service Provider or Brand Partner, in a form or manner, which can be conveniently placed on our platform; and/or
(b) Usage of unspecified number of impressions- Third Party Service Providers or Brand Partners may advertise their products or services on our platform, by furnishing an unspecified number of ''impressions'' (the expression ''impression'' holds the same meaning as accorded to it in the previous sub-section), within a defined period. For instance, A Third Party Service Provider or Brand Partner may be authorized to supply impressions of its goods or services, during a period of 3 months. Therefore, a Third Party Service Provider or Brand Partner is allowed to advertise, without any restrictions on the number of impressions, during a prescribed period. If the duration so decided is nearing its end or expiry, the Third Party Service Provider or Brand Partner may take suitable steps to ensure uninterrupted supply of its impressions.
The Service enables Users to ''Follow'' a particular Brand Partner or Third Party service provider. When a User follows a Third Party service provider/Brand partner, information about the goods or products offered by the followed Third Party Service Provider/Brand partner shall be communicated to the User. If a User clicks on a ''Flash Sale'' icon, (Flash Sales are offers, which last for a limited duration and can be availed of by clicking on the offer box), the User is automatically made a follower of the Third Party Service Provider offering the Flash Sale. Depending on how a User becomes a follower of a particular Third Party Service Provider or Brand partner, certain information pertaining to the User may be shared with the Third Party Service Provider or Brand partner, subject to the User's consent and the information shared will be governed by the Privacy Policy of the concerned Third Party Service Provider or Brand partner. Therefore, Users are advised to familiarize themselves with the Privacy Policies of the Third Party Service Providers or Brand partners.
The Third Party service providers or Brand partners are responsible for the Content they make available and shall ensure that such Content is permissible in the eyes of the law. Our Service will not be responsible to verify/authenticate the genuineness of the Content offered by Third Party service providers or Brand partners.
Retail/brand partners are solely responsible for the Rewards they 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 retail/brand partner or the user purchasing, claiming or redeeming any Reward. Responsibilities of Event/Experience Partners are delineated in Clause 8 of these terms.
Event/experience partners are solely responsible for the Events/Experiences you list on 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 event/experience partner or the user purchasing tickets to any Event/Experience. Responsibilities of Event/Experience Partners are delineated in Clause 9 of these Terms.
In consideration of the license granted to you to access and/or use the Service, you hereby agree that you shall:
The 'DO' feature on the Service allows you to purchase or avail tickets to events/experiences offered by events/experiences partners who partner with us (also referred to as ''third party partners''). By registering with us, you agree to receive communication about Events/Experiences through (i) push notifications based on your searches, (ii) beacons installed at places near your locations, (iii) based on the geo-fencing available at third party partners 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 Events/Experiences are listed by the relevant event/experience partner and not by us. Events/Experiences shall be subject to these Terms and the specific terms and conditions as specified by the relevant event/experience partner. Therefore, please read the terms and conditions of each Event/Experience and confirm that the same are acceptable to you before you purchase tickets to any Event/Experience listed on the Service. When you choose to purchase tickets to an Event/Experience, the transaction is between you and the relevant event/experience partner and we are merely a third party intermediary in the said transaction and merely facilitates the said transaction between you and the relevant event/experience partner. If you are a event/experience partner you are solely responsible for the Events/Experiences you list on 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 event/experience partner or the user purchasing tickets to any Event/Experience.
We provide the facility that allows payment for tickets for Events/Experiences 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 or sale of tickets to an Event/Experience, including any error by the third-party payment processor. We may collect payments received through the third- party payment gateway on behalf of event/experience partners and will pass on the same to the relevant event/experience partner after deducting any charges payable to us as agreed between us and the relevant event/experience partner. However, this collection facility does not alter or change the nature of the transaction with respect to Events/Experiences and the said transaction will continue to be between you and the relevant event/experience partner.
The Service hosts Flash Sales, i.e. those sales that remain active for a defined duration (the sale may have to be availed of within a specified time period). Flash Sales are offered by the Third Party Service Providers we collaborate with. When an Account is created, a User may encounter a Flash Sale and if the interest of the User is piqued, he/she may click on it. Upon clicking on the Flash Sale, a User is redeeming the voucher contained in the Flash Sale and the voucher redeemed can be availed in accordance with the instructions contained therein. Therefore, a Flash Sale consists of two components:
(a) Redemption of voucher by the User by clicking on the Flash Sale box; and
(b) Utilization of redeemed voucher by the User in accordance with information contained in the voucher. The voucher shall contain information about how and where the voucher can be availed. If an unregistered User desires to avail of a Flash Sale voucher, he/she must create an Account. Each Flash Sale is governed by its own Terms and Conditions, which may vary from one Third Party Service Provider to another (''Flash Sale Terms and Conditions''). The Flash Sale Terms and Conditions are deemed to be a part of these Terms. When a User avails of a Flash Sale, he/she is automatically made a ''follower'' of the relevant Third Party Service Provider. Consequently, the concerned Third Party Service Provider may direct information towards a ''follower''.
We offer restricted quantities of broadband data services to our Registered Users. A Registered User can obtain broadband data from Us, in the following manner: -
When a Registered User accesses Our App, he/she shall come across the ''Earn and Burn'' option. The ''Earn and Burn'' option permits a Registered User to undertake certain tasks, as a precursor to the release of broadband data packets. The aforementioned ''tasks'' will be supplied by our third party service providers/brand partners and may include, inter alia, the viewing of a movie trailer and the answering of a related quiz. If a Registered User chooses to view the movie trailer and successfully completes the questions contained in the quiz, he/she will receive a packet of broadband data. A Registered User can use the data packet earned till the time the limit is available. A Registered User can continue to exploit the Data Packet after logging out of his/her User Account.
If a Registered User desires to purchase packets of broadband data, he/she can do so by purchasing a Voucher. A Registered User will have to traverse through Our Payment Gateway, before he/she receives the broadband data packet. In a Market Place/Commercial Outlet or congregation of Commercial Outlets, i.e. Shopping Malls etc., a Registered User can purchase Vouchers directly from the Service. The Wi-Fi Hubs, installed within or in the vicinity of a Commercial Outlet/business establishment, shall house Vouchers, which will be sold to Users by the relevant Commercial Outlet/business establishment for a consideration. The Commercial Outlet/business establishment shall source the Vouchers from Us. The Vouchers sold by the Wi-Fi Hubs shall be digital Vouchers. We provide the facility that allows payment for Vouchers 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 or sale of Vouchers, including any error by the third-party payment processor. A Registered User can purchase a Voucher from a Commercial Outlet or a Wi-Fi Hub, as the case may be.
The Service provides you with the facility to list a project/idea and invite funding for the same in exchange for certain deliverables as may be mutually agreed between You and the prospective funder/Brand (''your idea/project'').
We reserve the right to accept or reject (at our discretion) any project/idea that you may submit for listing. Our decision in this regard will be final. If your project/idea receives the required number of votes within the timeline prescribed, You will be eligible to receive funding from the funders/Brands that agreed to fund Your project/idea. The receipt of such funds will be subject to the terms of a separate agreement entered into between You and the relevant parties (i.e. either us or third party brands/sponsors or a combination of these) (''the Agreement''). We are not party to the Agreement unless, we agree to sponsor your idea/project or are one of multiple funders, and therefore, any dispute emanating from the Agreement will be between the parties thereto. The terms of the Agreement are not to be read in consonance with Our Terms and Conditions of Service.
We are not responsible for monitoring/overseeing the planning, development, execution of any project/idea or ensuring the timely completion of projects and this responsibility lies solely with the person who submitted the idea/project and received funding pursuant to the Agreement. The User is solely responsible for fulfilling promises, in relation to the Agreement.
We are not responsible for the works/deliverables created by a User who submitted the idea/ project
We do not verify/authenticate/endorse the content a User may submit to the funders/Brands pursuant to the project (''project deliverables''). We may receive a fee/commission from the third party brands/sponsors for the services We provide in connection with Your idea/project and by submitting Your idea/project, you confirm that you have no objection to the same.
Our Privacy Policy available here prescribes 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 to be a part of these Terms and You hereby represent that you have read, understood and agree to the terms of our Privacy Policy.
Before subscribing to Our Service, You are advised to peruse and understand the contents of Our, Terms and Conditions of Service and Privacy Policy.
The Service includes hyperlinks to third party websites/applications, which are not within our control.
If You click on one of these links, You do so at your own risk and You will leave the realm of Our 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 therein, 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 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, which are independent of these Terms and therefore, please read such third party terms before you access any such third party websites/applications.
We expressly disclaim all warranties of any kind, whether express of 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 malware/viruses/bugs or other harmful mechanisms.
The Service is provided on an ''As Is'' and ''As Available'' basis.
In no event will we be liable to You or to any Third Party or to any funding brands 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 have been advised of the possibility of the same arising.
You agree to defend, indemnify and hold us and our directors, officers, employees, agents and representatives, harmless from all loss, claims, suits, damages, 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 but not limited to, the submission of any data, content, project deliverables or material that violates any third party right or any applicable law and Your access to and use of the Service 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.
These Terms shall be binding with immediate effect from the time You 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 continuous period of thirty (30) days.
We may terminate your registration with immediate effect without any notice, in the event of violation of the Terms by You.
Upon termination of Your registration with us, Your right and license to access and/or use the Service immediately ceases
Your Account will be deactivated and You will no longer be able to use the features of the Service, which become available upon registration and the information collected by Us during Your use of the Service shall be managed and dealt with in accordance with our Privacy Policy.
Certain terms contained herein and/or in our Privacy Policy shall continue to bind You even after termination of the Service (notwithstanding the party initiating the termination), by virtue of their nature or by express statement, including our license to Your submissions and Project deliverables,
Additional Terms and Conditions may apply to termination of these Terms by third party partners who register with us.
These Terms, their validity, interpretation and enforcement shall, in all respects, be governed by and construed in all respects in accordance with the laws of the Republic of India, for the time being in force.
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.
Notice: Notices to us shall be made via e-mail to talktous@shouut.com or by mail to Second Floor, 840 Chirag Delhi, NewDelhi - 110017. All notices to you shall be made via the Service / e-mail to the e-mail address you provide to 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 theseTerms 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 and Additional Terms of Service 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 emailoption 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.