TERMS AND CONDITIONS
For purposes of this Agreement these services shall collectively be defined as the "Services". This Agreement describes the terms and conditions that will govern your use and participation of the Services.
ACCEPTANCE OF TERMS
Please read this Agreement carefully before using the Services. You must read, agree with and accept all of the terms and conditions contained in this User Agreement, which includes those terms and conditions expressly set out below and those incorporated by reference, before you use any of the Services.
By using any of the Services, you become a User of all Services available on the Website or the App ("Participant" or "User") and you agree to be bound by the terms and conditions of this Agreement. By using the Website or the App the user agrees to these terms and conditions. By using our Website or the App you consent to our collection and use of your personal information as described herein. Each time you use the Website or the App, you agree to all terms set forth by T2B in Terms of Service and any other policies published by T2B on the Website or the App. You are responsible to be aware of and agree to abide by the Terms as published and periodically amended or modified by T2B. If any of the Terms are determined to be unlawful, invalid, void or unenforceable for any reason by any judicial or quasi - judicial body in India, it will not affect the validity and enforceability of the remaining Terms.
Our failure or delay to act or exercise any right or remedy with respect to a breach of any of the Terms by you shall not be construed as a waiver of our right to act with respect to the said breach or any prior, concurrent, subsequent or similar breaches.
If you do not agree to be bound by the terms and conditions of this agreement, please do not use or access our services or register for the services provided on the site or the App. We reserve the right to amend, modify or change any of the terms of this Agreement at any time, and it is advisable to regularly look at these terms. We shall give notice of such changes ("Notice") either by email notification to the email address provided to us by you upon registration, or by posting the amended Agreement on the Site or the App. Such modifications could include changes to any of the Terms. If you do not agree with the terms of the amended Agreement, you may terminate your use of the Services by notifying us that you wish to terminate your Account. Your continued use of the Services will be deemed to constitute your acceptance of the changes to the Agreement.
Use of the ShoutoutCoin.com name and any of the other names or marks associated with the Site or the App, the Services or the Software is strictly forbidden, unless it is used with the express written permission of the Company. The Site or the App, the Services and the Software, including its code, documentation, appearance, structure, and organization is an exclusive product of the Company, which retains all rights, tangible and intangible, to the ShoutoutCoin.com website, the software, codes, copies, modifications, or merged parts.
Our Services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, Our Services are not available to children (persons under the age of 18) or to temporarily or indefinitely terminated Participants. By becoming a Participant, You represent and warrant that You are at least 18 years old. By using the Site or the App and/or the Services, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement.
ShoutoutCoin cannot and does not ensure the lawful behaviour of the people exchanging information through its web site or the App. You take full responsibility for ensuring your personal safety when interacting with other people whom you meet through ShoutoutCoin. ShoutoutCoin cannot and does not ensure your safety. By using this web site and/or the App you agree to be bound by all the terms and conditions of this Agreement and accept that we have no responsibility for your safety.
Any fees which the Website may charge the Users for the Services are due immediately and are non-refundable. This no refund policy shall apply at all times regardless of (i) Your decision to terminate your usage, (ii) Our decision to terminate your usage, (iii) disruption caused to our Services either planned, accidental or intentional, or (iv) any other reason whatsoever. The Website, at its sole discretion, may make available promotional offers with different features and different rates to any customer. These promotional offers, unless made to you shall have no bearing whatsoever on your offer or contract.
Below are the points which have to be keeping in mind while making transactions:
All transactions on the Website shall be in the currency of your country using which you sign up on the Site or the App.
Once you register on our Website or the App, we maintain a user account for you to keep a record of all your transactions with us. Payments connected with participation in the services will be made to and from this account.
When making a payment, please ensure that the instrument used to make the payment is your own and is used to recharge into your user account only.
Credit card, Debit card, prepaid cash cards and internet banking payments are processed through third party payment gateways. Similarly, other payment modes also require an authorization by the intermediary which processes payments. We are not responsible for delays or denials at their end and processing of payments will be solely in terms of their policies and procedures without any responsibility or risk at our end. If there are any issues in connection with deposits, a complaint may be sent to us following the complaints procedure provided in "Complaints and disputes" section below. You agree that in such an event of your credit being delayed or eventually declined for reasons beyond our control, we will not be held liable in any manner whatsoever. Once a payment/transaction is authorized, the funds are credited to your user account and are available for you to use the services.
We have the right to cancel a transaction at any point of time solely according to our discretion in which case if the payment is successful, then the transaction will be reversed and the money credited back to your payment instrument.
PROVISIONS OF THE SERVICE
We will attempt to continuously innovate in order to provide the best possible Service for its users. You acknowledge and agree that the form and nature of the Service which we provide may change from time to time. You acknowledge and agree that we may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at our sole discretion. You acknowledge and agree that if we disable access to your account or login route, you may be prevented from accessing the Service, your account details or any files or other content which is contained in your account. You acknowledge and agree that while we may not currently limit your use of the Service in any way, it may do so if that use hinders with the ability of our's to carry on the operations or the ability of other customers to use the Service. The supply of the Service will be subject to your making payments, if any, at the regular intervals as stated in the contract for the service. In the event that your account is terminated or access is disabled, or the service is permanently or temporarily stopped, our liability shall extend only to forfeiting the outstanding amount due for the current billing cycle. We cannot be made liable or called on to repay any amount paid during any previous billing cycle. We shall not be responsible for any loss or damage caused by a modification of the features, limitation of use of the Service or the discontinuation altogether thereof.
TERM AND TERMINATION
This Agreement is effective upon use of the Site or the App or the Services for new Users and upon the posting dates of any subsequent amendments to this Agreement for all current Users. You may terminate Your participation in the Services at any time, for any reason by following the Notice of Termination instructions on the Site or the App, or upon receipt by Us of Your written or email notice of termination. Either You or We may terminate Your participation in ShoutoutCoin by removing Your Information at any time, for any or no reason, without explanation, effective upon sending written or email notice to the other party. Upon such termination by Us, We will remove all of Your information from our servers. We maintain sole discretion to bar Your use of the Service in the future, for any or no reason. Even after Your participation in ShoutoutCoin is terminated, this Agreement will remain in effect.
INFORMATION SECURITY AND CONTROL
Any information or data (hereinafter referred to as "Information" which may include personal data of the User's identity) entered by you on our Website or the App which shall include but not be limited to your name, e-mail ID, phone number, address etc. You consent to us using your Information to create a User account that will allow you to participate in the Service. You are solely responsible for your Information and your interactions with other people in the public, and we act only as a medium for your online posting of your Information. You agree to provide accurate, current and complete information as prompted by Our registration form and to maintain and update your Information to keep it accurate, current and complete. You acknowledge that if your Information is untrue, inaccurate, not current or incomplete in any respect, we have the right to terminate this Agreement and your use of the Services.
We cannot verify or guarantee the accuracy of the information Users provide us on the Site or the App, and We do not control the information provided by other Users that is made available through our system. Therefore, ShoutoutCoin.com cannot and does not confirm each User's purported identity. You may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Site or the App. Please note that there are also risks of dealing with underage persons or people acting under false pretence. By using this Site or the App, You agree to accept such risks and we are not responsible for the acts or omissions of users on the Site or the App.
All intellectual property rights on the Site and/or the App and in the Service shall be owned by Us absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the App or the Service ("Submissions"), provided by You to Us are non-confidential and shall become the sole property of our's. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to You.
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
ShoutoutCoin.com respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials on the Services infringe upon your copyrights, please send the following information to ShoutoutCoin.com Copyright Agent at our address
A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Service where the material you claim is infringed is located. Include enough information to allow ShoutoutCoin.com to locate the material, and explain why you think an infringement has taken place.
A description of the location where the original or an authorized copy of the copyrighted work exists -- for example, the URL (Internet address) where it is posted or the name of the book in which it has been published.
Your address, telephone number, and e-mail address.
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf. and
An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
You may face Service disruptions, including, but not limited to disconnection or communication interferences due to issues in the internet infrastructure used for providing or accessing the Services or due to issues with the hardware and software used by you. We shall not be responsible for any interruption in Services and you take full responsibility for any risk of loss due to Service interruptions for any such reason. You understand, acknowledge and agree to the fact that if you are unable to use the services provided by the website or the App due to any error or omission attributable to us, including technical or other glitches at our end, your remedy is limited to:
A refund of the transaction amount paid while using the service You agree that under no circumstances shall you compel us or hold us liable to pay you any amount over and above the service charges for any of the aforementioned errors/omissions of ours.
LIMITATION OF LIABILITY
We may alter or modify the Terms at any time without giving prior notice to you. Your continued use of the Website or the App and/or any Services offered constitutes your unconditional acceptance of the modified or amended Terms.
We may also post supplementary conditions for any Services that may be offered. In such an event, your use of those Services will be governed by the Terms as well as any such supplementary terms that those Services may be subject to.
The defamatory, undesirable or illegal conduct of any other user of the Services.
Any loss whatsoever arising from the use, abuse or misuse of your user account or any feature of our Services on the Website or the App.
Any loss incurred in transmitting information from or to us or from or to our Website or the App by the internet or by other connecting media.
Any technical failures, breakdowns, defects, delays, interruptions, improper or manipulated data transmission, data loss or corruption or communications' infrastructure failure, viruses or any other adverse technological occurrences arising in connection with your access to or use of our Services.
The accuracy, completeness or currency of any information services provided on the Website or the App.
Any delay or failure on our part to intimate you where we may have concerns about your activities. and
Your activities / transactions on third party websites accessed through links or advertisements posted in the Website or the App.
Notwithstanding anything to the contrary contained in the Terms or elsewhere, you agree that our maximum aggregate liability for all your claims under this agreement, in all circumstances, other than for the payment of any withdraw able balance in your user account, shall be limited to Dollars ten only (AUD 10.00)
To resolve a complaint regarding the Service, You should first contact our Customer Service Department by email at support email address.
In the event that You have a dispute with one or more Users, You agree to release ShoutoutCoin.com (and our officers, directors, agents, subsidiaries, joint ventures, Partnering Organizations and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other Users or to Your use of the Site or the App or the Services.
Without limiting other remedies, we may terminate Your Participation, remove Your Information, warn our community of Your actions, issue a warning, and refuse to provide our services to You if: (a) You breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information You provide to us; (c) we believe that Your actions may cause financial loss or legal liability for You, our users or us; or (d) if we suspect that You have engaged in fraudulent activity in connection with the Site or the App or the Services.
RESOLUTION OF DISPUTES AND LEGAL CLAIMS
You and We agree that all legal disputes or claims between the Parties will be submitted to binding arbitration in India. The arbitration shall be conducted by the Victoria Legal Aid, or any other established provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. You agree that in no event shall any claim, action or proceeding by You related in any way to the Site or the App and/or the Service (including Your visit to or use of the Site or the App and/or the Service) be instituted more than three (3) years after the cause of action arose.
You and ShoutoutCoin.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, any notices to ShoutoutCoin shall be given by certified mail, postage prepaid and return receipt requested to name of company and address, and any notices to You shall be given to You via the email address You provide to ShoutoutCoin.com during the registration process.
GENERAL LEGAL TERMS
Sometimes when you use the Service, you may (as a result of, or through your use of the Service) use a service or rent equipment, which are provided by another person or company. Your use of these other Service, equipment or goods may be subject to separate terms between you and the company or person concerned. The terms constitute the legal agreement between you and us and govern your use of the Service, but without prejudice to any additional terms which may be part of an agreement specific to the service you wish to avail of (but excluding any Service which we may provide to you under a separate written agreement), and completely replace any prior agreements between you and us in relation to the Service.
The Terms will continue to apply until terminated by either you or us as set out below. we may at any time, terminate its legal agreement with you if: (A) You have breached any provision of the terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the terms); or (B) We are required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful) When these terms come to an end, all of the legal rights, obligations and liabilities that you and us are subject to in relation to the obligation to maintain confidentiality or such other legal rights, obligations and liabilities which are expressed to continue indefinitely, shall be unaffected by this cessation. You may terminate your participation in the Services at any time, for any reason by following the Notice of Termination instructions on the Website or the App, or upon receipt by us of your written or email notice of termination. Either you or we may terminate your participation in the website or the App by removing your Information at any time, for any or no reason, without explanation, effective upon sending written or email notice to the other party. Upon such termination by us, we will remove all of your information from our servers. We maintain sole discretion to bar your use of the Service in the future, for any or no reason. Even after your participation in the Website or the App is terminated, this Agreement will remain in effect.
DISCLAIMER AND INDEMNITY
Note: NOTHING stated herein must be construed to be completely exhaustive or exclusive. We reserve the right to use any information in a manner materially different from what is stated here and such usage shall be notified to the respective User by a prior notice through any accepted form or communication.
The Services on the Website or the App and the Content present on it are provided strictly on "as is" basis with all faults or failings. Any representations, warranties, conditions or guarantee whatsoever, express or implied (including, without limitation, any implied warranty of accuracy, completeness, uninterrupted provision, quality, merchantability, fitness for a particular purpose or non-infringement) are specifically excluded to the fullest extent permitted by law. We do not ensure or guarantee continuous, error-free, secure or virus-free operation of ShoutoutCoin.com or the App or its Content including software, services, your user account, the transactions in your user account or continued operation or availability of any facility on the website or the App
Additionally, We do not promise or ensure that you will be able to access your user account or obtain Services whenever you want. It is entirely possible that you may not be able to access your user account or the Services provided by us at times or for extended periods of time due to, but not limited to, system maintenance and updates.
We disclaim responsibility and liability for any harm resulting from cancellation of any service organized by it. You acknowledge and agree that you will not be entitled to any refund in case of any service outages that may be caused by failures of our service providers, computer viruses or contaminants, natural disasters, war, civil disturbance, or any other cause beyond the reasonable control of ours
We specifically disclaim any liability in connection with services or events made available or organized on the website or the App which may require specific statutory permissions, in the event such permissions are denied or cancelled whether prior to or during such event.
We specifically disclaim any liability in connection with your transactions with third parties which may have advertisements or are hyperlinked on the Website or the App.
We disclaim any liability in connection with violation of intellectual property rights of any party with respect to third party Content or user content posted on our Website or the App. Intellectual property rights in any Content not belonging to us belong to the respective owners and any claims related to such content must be directly addressed to the respective owners.
We specifically disclaim any liability arising out of the acts or omissions of the infrastructure providers or otherwise failure of internet services used for providing and accessing the Services.
You agree to indemnify and keep harmless and indemnified us from and against all losses, damages, claims, costs, expenses, compensations, liabilities, suits, legal proceedings and otherwise, including attorney fees, legal fees and court fees, howsoever arising from any loss caused by any action or omission by you in connection with the breach of any terms of this Agreement by you, including but not limited to misrepresentation, fraud, non delivery etc., by any customers, persons, entity or third party, whether anticipated, threatened on claimed against us. This article shall survive the termination of this Agreement. This shall include your violation of any law or the rights of a third party, including without limitation, any allegation that any materials that you submit to us or transmit through the Service to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person. Further, in the event that you have a dispute with one or more Users, you agree to keep us harmless from such claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected to such disputes with other Users or to your use of the Website or the App or the Services.
YOUR IP ADDRESS
Like most e-commerce Websites, each time you visit the Site, we automatically collect your IP address and the web page from which you came. In order to administer and optimize the Site for you and to diagnose problems with our Site or the App, we use your IP address and/or location to help identify you and to gather broad demographic information about you.
The Website may place a text file called a "cookie" in the browser files of your computer. The cookie itself does not contain Personal Information although it will enable us to relate the Users' use of this Website and access to information that the Users have specifically and knowingly provided. The only personal information a cookie can contain is information that the Users may supply of their own accord.
DATA WE COLLECT FROM YOU
In order to operate the Site or the App and to provide you with information about products or services that may be of interest to you, we may collect "personal information" (i.e. information that could be used to contact you directly (without using the Site or the App) such as full name, postal address, phone number or email address) or "demographic information" (i.e. information that you submit, or that we collect, that is not personal information; this may include, but is not limited to, zip code, hometown, gender, username, age/birth date, browsing history information, searching history information, and registration history information. Demographic information is divided into two categories: 1) "non-public information", which consists of ride transaction information and one-on-one communications between you and other users of the Site or the App; and 2) "public information", which consists of all other demographic information. Please note that nowhere on the Site or the App do we knowingly collect, keep or maintain personal information from children under the age of 18, as we require that all users represent to us that they are at least 18 years old.
By accepting the terms and conditions the customer accepts that ShoutoutCoin may send the alerts to the mobile phone number provided by the customer while registering for the service or to any such number replaced and informed by the customer. The customer acknowledges that the alerts will be received only if the mobile phone is in 'On' mode to receive the SMS. If the mobile phone is in 'Off' mode then the customer may not get / get after delay any alerts sent during such period.
ShoutoutCoin will make best efforts to provide the service and it shall be deemed that the customer shall have received the information sent from ShoutoutCoin as an alert on the mobile phone number provided during the course of registration and ShoutoutCoin shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. The customer cannot hold ShoutoutCoin liable for non-availability of the service in any manner whatsoever.
The customer acknowledges that the notification service provided by ShoutoutCoin is an additional facility provided for the customer's convenience and that it may be susceptible to error, omission and/ or inaccuracy. In the event the customer observes any error in the information provided in the alert, ShoutoutCoin shall be immediately informed about the same by the customer and ShoutoutCoin will make best possible efforts to rectify the error as early as possible. The customer shall not hold ShoutoutCoin liable for any loss, damages, claim, expense including legal cost that may be incurred/ suffered by the customer on account of the notification facility.
The customer acknowledges that the clarity, readability, accuracy, and promptness of providing the service depend on many factors including the infrastructure, connectivity of the service provider. ShoutoutCoin shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever.
By accepting the terms and conditions the customer acknowledges and agrees that ShoutoutCoin may call the mobile phone number provided by the customer while registering for the service or to any such number replaced and informed by the customer, for the purpose of collecting feedback from the customer regarding their travel, the facilities and/or services of the app.
Grievances and claims related to the app journey should be reported to ShoutoutCoin support team from the app.
HOW DO WE USE YOUR PERSONAL INFORMATION ON THE APP
We use your email address and your other personal information to help us efficiently operate the app, to contact you in connection with your transactions, travels and other activities on the app (including, but not limited to, confirmation emails, or important news that could affect your relationship with the app), to forward trip information to you from other users and to contact you and others to suggest potential carpool matches. These types of communications, are known as "Operational Communications." In some cases, Operational Communications may also contain commercial messages, such as banner ads and special offers.
To operate the app, including processing your transactions and supporting your activities on the app, we may share your personal information with our agents, representatives, contractors and service providers so they can provide us with support services such as email origination, receipt or support services, customer relationship management services, and order fulfillment. We require these entities not to use your information for any other purpose.
By registering for services offered or sponsored by third parties on the app, or electing to receive communications (such as emails & payment gateways) offered or sponsored by third parties on the app, you consent to our providing your personal information to those third parties. Those third parties may use your personal information in accordance with their own privacy policies. You will need to contact those third parties to instruct them directly regarding your preferences for the use of your personal information by them. Additionally, you agree that we may use and disclose all such information so submitted to such third parties in the same manner in which we are entitled to use and disclose any other information you submit to us.
Any third party with whom we are allowed to share your personal information is authorized to use your personal information in accordance with our contractual arrangements with such third parties and in accordance with their own privacy policies, over which we have no control, and you agree that we are not responsible or liable for any of their actions or omissions. Those who contact you will need to be instructed directly by you regarding your preferences for the use of your personal information by them.
SPECIAL CASES IN WHICH WE SHARE PERSONAL INFORMATION
HOW DO WE USE YOUR DEMOGRAPHIC DATA
We may review all demographic Data. We may use public information to enable other users to search your profile, to determine whether your travel details fit other user's requirements, and to communicate with you. We may use demographic information to tailor the app and communications to your interests. We may also share demographic information with advertisers on an anonymous and aggregated basis.
HOW TO EDIT YOUR INFORMATION
ShoutoutCoin believes strongly in giving you the ability to access and edit your personal information. To update your personal info, click on your profile image to go to your profile page on the side menu. There you can view, update and correct your account information. You may edit your profile at any.
So that we can protect the integrity of sensitive data, there are certain pieces of information which we use in subtle way to recommend search results as well as show it on user's profile for other users to see it" that you cannot alter yourself. Our databases automatically update any personal information you edit in your profile.
Our app provides users the opportunity to opt-out of receiving communications from us and our partners at the point where we request information about the visitor. This app gives users the option to remove their information from our database, to not receive future communications or to no longer receive our service.
SPECIAL CASES IN WHICH WE SHARE PERSONAL INFORMATION
OUR SECURITY PRECAUTIONS
CONTACTING THE WEB SITE
If you have any questions about this privacy statement, the practices of this app, or your dealings with this app, you may contact us at email@example.com.