TERMS AND CONDITIONS OF SERVICE


DEFINITIONS-
(1) ACCEPTANCE OF THE TERMS-

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.


(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 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.


(3) ELIGIBILITY TO USE THE SERVICE


(4) REGISTRATION


(5) USER SUBMISSIONS-


(6) CONTENT AND THIRD PARTY SERVICE PROVIDER CONDUCT-


(7) USER CONDUCT-

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


(8) REWARDS-

(9) EVENTS/EXPERIENCES-

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.


(10) FLASH SALE-

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”.


(11) BROADBAND DATA OFFERINGS-

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: -

(11.1) EARN AND BURN-

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.

(11.2) VOUCHERS-

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.


(12) PROJECTS-

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.

(12.1) OUR RESPONSIBILITY VIS-E-VIS THE PROSPECTIVE SPONSOR/BRAND-

(13) PRIVACY POLICY-

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.


(14) THIRD PARTY LINKS-

(15) WARRANTY DISCLAIMERS-

(16) LIMITATION OF LIABILITY-

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.


(17) INDEMNITY-

(18) TERMINATION-
(18.1) TERMINATION BY USER-
(18.2) TERMINATION BY US-
(18.3) CONSEQUENCES OF TERMINATION-

(19) GOVERNING LAW AND JURISDICTION-

MISCELLANEOUS-